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Climate Change

Recent Developments in Climate Justice

Climate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of these burdens at the local, national,...

Legal Pathways to Widespread Carbon Capture and Sequestration

Despite competing views about climate change policy, the time is ripe to drive carbon capture and sequestration (CCS) forward. National and state investment in and support of CCS are completely consistent with the Donald Trump...

Proposal for a Multilateral Border Carbon Adjustment Scheme That Is Consistent With WTO Law

As the world considers how to respond to the Trump Administration’s decision to withdraw from the Paris Agreement, one possible policy response is the adoption of border carbon adjustment (BCA) schemes that are compatible with...

Legal Pathways to Carbon-Neutral Agriculture

This Article, excerpted from Michael B. Gerrard & John C. Dernbach, eds., Legal Pathways to Deep Decarbonization in the United States (forthcoming in 2018 from ELI), examines the agricultural strategies, practices, and...

Conservation Easements in a Changing Climate

Conservation easements are increasingly being used both for traditional conservation purposes and as a tool for critical climate change mitigation and adaptation. Because land use decisions are generally made at the local level,...

Expanding the U.S. Electric Transmission and Distribution Grid to Meet Deep Decarbonization Goals

This Article, excerpted from Michael B. Gerrard & John Dernbach, eds., Legal Pathways to Deep Decarbonization in the United States (forthcoming in 2018 from ELI), addresses the critical role of the electric transmission and...

Climate Exactions

Monetary exactions are a tool that can mitigate the environmental or other public harms of land development. Local governments commonly impose fees, or monetary exactions, on new development to offset public costs such development will...

Comment on Climate Exactions

This Comment examines the legal viability of climate exactions and likelihood of their success.

Climate Exactions: One Tool in a City’s Toolbox

This Comment explores climate exactions and the other ways cities already control the emissions of greenhouse gases.

Thoughts on Climate Exactions

This Comment looks at Montgomery County, Maryland, and its current policies to discuss the viability of climate exactions.

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