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Climate Change

Hoboken, City of v. Exxon Mobil Corp.

A district court remanded to state court a climate liability lawsuit brought by the city of Hoboken, New Jersey, against large oil and gas companies. The city filed suit in state court, alleging the companies' decades-long campaign to...

A Cool Climate Strategy: Pairing HFC Reduction and Energy Efficiency

When establishing regulations under the Kigali Amendment and the American Innovation and Manufacturing Act, and to achieve environmentally and economically effective hydrofluorocarbon (HFC) phasedown strategies, this Comment asserts...

Using Multilateral Development Banks to Achieve Paris Climate Goals

Despite the fact that multilateral development banks (MDBs) have been criticized for their unsustainable practices and projects, they can play a key role in tackling climate change. In order to be successful in shaping climate-friendly...

Missouri v. Biden

A district court dismissed a challenge to the president's Executive Order No. 13990, which established an interagency working group on the social cost of greenhouse gases (GHGs) and directed the group to publish interim estimates for...

The Law and Science of Climate Change Attribution

There is overwhelming scientific agreement that human activities are changing the global climate system and that these changes are already affecting human and natural systems. Significant advances in climate change detection and...

The Uses of Climate Change Attribution Science: The NGO Practitioner's View

Climate advocates are fortunate to have the benefit of the thorough assessment of climate change attribution science and its application to climate policy and litigation that Michael Burger, Jessica Wentz, and Radley Horton have...

Externalities and the Common Owner

This Article expands the consideration of the effects of common ownership from the industry level to the market-portfolio level and argues that diversified investors should rationally be motivated to internalize intra-portfolio negative...

A Welfare Function for Shareholder Engagement: Recognizing Profit for What It Is

Madison Condon’s Externalities and the Common Owner (ECO) plays an important role in the growing literature around shareholder activism aimed at increasing portfolio returns, regardless of individual firm effects. The article...

Can't We All Just Get Along?: How Diversified Investors and Companies Can Maintain Their Fiduciary Duty in a Climate Crisis

Madison Condon’s Externalities and the Common Owner warrants serious attention and consideration by a broad variety of stakeholders—investors, public policymakers, academics, and citizens concerned about the systemic risks...

Externalities and the Common Owner: View From a Shareowner

California Public Employees’ Retirement System (CalPERS) is the largest-defined benefit public pension fund in the United States, with about $450 billion in global assets under management. CalPERS actively protects its rights as an...

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