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Climate Change

Beyond Politics: The Private Governance Response to Climate Change

When the United States withdrew from the Paris Climate Agreement, 100 private corporations reaffirmed their commitment to fighting climate change. While governments are often tasked with facing climate change, many major private...

Center for Biological Diversity v. United States Department of State

A district court dismissed a request by environmental groups to compel the State Department to release documents detailing U.S. greenhouse gas emissions as required by the U.N. Framework Convention on Climate Change. The groups sought...

United States

The U.S. Supreme Court denied the U.S. government's petition for a writ of mandamus in a lawsuit brought by a group of youths challenging the government's failure to act on climate change and asserting the right to a safe climate. The...

China’s Emissions Trading System: What the United States and China Can Teach Each Other

China is working hard on an ambitious policy to become a world leader in addressing climate change, with plans to transform its energy policy primarily using carbon emissions trading. The National Development and Reform Commission...

An American (State) in Paris: The Constitutionality of U.S. States’ Commitments to the Paris Agreement

In June 2017, President Donald Trump confirmed that the United States will withdraw from the Paris Agreement. Almost immediately, individual states began to pledge their commitments to the Paris Agreement despite the lack of federal...

Sinnok v. Alaska

A state court dismissed a lawsuit filed by a group of Alaskan youth alleging that the state has contributed to climate change through its actions with respect to fossil fuels and carbon emissions. The group sought declaratory relief...

Legal Pathways to Deep Decarbonization: Postscript

With this Article, ELR News & Analysis concludes our year-long series of excerpts from Legal Pathways to Deep Decarbonization in the United States, forthcoming from ELI Press. We believe the urgency and importance of this topic,...

Castles—and Roads—in the Sand: Do All Roads Lead to a “Taking”?

The law has been slow to acknowledge the unprecedented nature of sea-level rise. Unless and until the law adapts, past case law on coastal hazards exacerbated by sea-level rise provides the best guidance. This Article critically...

Financing at the Grid Edge

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 Press), discusses legal impediments and solutions for...

Aji P. v. Washington

A Washington state court dismissed a lawsuit filed by young Washingtonians alleging a right to a clean environment and stable climate. Specifically, plaintiffs argued that the state should be required to submit a greenhouse gas...

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