Economic theory suggests that pollution tax and cap-and-trade regulations can be functionally equivalent. Environmentalists tend to prefer the firm emissions cap in cap-and-trade programs, while…
On the final day of the 2021-2022 term, the U.S. Supreme Court released its decision in West Virginia v. Environmental Protection Agency. The majority (6-3) opinion limited the U.S.…
This Comment takes up two recent conflicting developments: the U.S. Supreme Court’s decision in West Virginia v. Environmental Protection Agency, which was designed to undercut present…
Climate impacts in the United States disproportionately fall on low-income communities and communities of color. As the costs of climate adaptation mount, municipalities and states have brought…
On February 28, 2022, the U.S. Supreme Court heard oral arguments for the landmark West Virginia v. EPA case, involving the scope of powers delegated to the U.S. Environmental Protection…
At this point in time, climate change pervades every aspect of contemporary life. It is a persistent current through our lives and, increasingly, throughout the law. One would be hard-pressed to…
The European Union, China, California, and a number of U.S. states in the Northeast are currently using emissions trading as part of their efforts to reduce greenhouse gas (GHG) emissions. However…
Efforts to hold major greenhouse gas emitters accountable for the harms caused by global climate change have been consistently frustrated at the procedural stages of litigation in U.S. federal…
The Paris Agreement’s goal to hold warming to 1.5°-2°C above pre-industrial levels now appears unrealistic. Profs. Robin Kundis Craig and J.B. Ruhl have recently argued that because a 4°C world…
The collapse of the Champlain Towers South condominium complex in Surfside, Florida, raised questions about how climate change and environmental impacts may cause damage to coastal buildings.…