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Climate Change

Conservation Law Foundation v. ExxonMobil Corp.

A district court stayed an environmental group's climate change lawsuit against an oil company concerning a CWA permit for its petroleum storage facility in Massachusetts. The group argued that the permit required the company to...

Environmental Justice, Just Transition, and a Low-Carbon Future for California

We must substantially reduce carbon emissions within a short time line, and this rapid decarbonization will cause negative economic and social impacts on workers and communities dependent upon fossil fuel extraction and use. “Just...

The Reasonable Investor and Climate-Related Information: Changing Expectations for Financial Disclosures

In recent years, the drumbeat for more expansive climate-related corporate disclosures has grown louder and more consistent within a broader swath of the financial community. This intensifying call argues for considering more climate-...

Democracy Defense as Climate Change Law

In 1990, when the Clean Air Act (CAA) was last substantially amended, atmospheric carbon dioxide levels stood at about 350 parts per million (ppm). Now they are close to 414 ppm, and the U.S. Congress has not amended the CAA despite...

Climate Change and the Role of Emerging Economies

The principles of “common but differentiated responsibility” (CBDR) and sustainable development play an integral role in international environmental law. However, these principles have come under fire in recent years, particularly from...

Juliana v. United States

The Ninth Circuit reversed a district court ruling that a group of youths had standing to sue the U.S. government for allegedly failing to act on climate change and violating their right to a safe climate. The youths argued that the...

People of New York v. Exxon Mobil Corp.

New York's high court dismissed the state's securities fraud lawsuit concerning an oil company's accounting of climate change risks. The state argued that the company made misrepresentations and omissions that were material to its...

Climate Engineering Under the Paris Agreement

Recent assessments of the international community’s ability to hold the increase of global average temperature to well below 2°C, while pursuing efforts to limit that increase to 1.5°C, indicate that this goal is unlikely to be achieved...

Learning From Tribal Innovations: Lessons in Climate Change Adaptation

Although a vast literature focuses on the efforts of states on climate change, they are not the only sovereigns who are working to address its negative impacts. This Article argues that though tribal governments are not part of the...

Electric Utility Wildfire Liability Reform in California

As climate change worsens, so does the risk of wildfires. This is especially so in already hot, dry areas such as the western United States. Adding to this problem is the rapid growth of the wildland-urban interface (WUI). As more and...

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