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Climate Change

Decarbonizing Light-Duty Vehicles

Reducing the United States’ greenhouse gas emissions by at least 80% from 1990 levels by 2050 will require multiple legal pathways for changing its transportation fuel sources. The Deep Decarbonization Pathways Project (DDPP) authors...

Oakland v. BP PLC

A district court granted oil companies' motion to dismiss a lawsuit brought by the cities of Oakland and San Francisco alleging that the companies make and sell products that create a public nuisance—global-warming-induced sea-level...

San Juan Citizens Alliance v. United States Bureau of Land Management

A district court held BLM violated NEPA when it approved 13 oil and gas leases covering 19,788 acres in the Santa Fe National Forest without considering the leases' impacts on climate change. BLM decided an EIS was not warranted based...

Zeroing Out Climate Change: A “Hard Look” at Trump’s Social Cost of Carbon

President Donald Trump has referred to climate change as a “hoax,” and in March 2017 issued Executive Order No. 13783, Promoting Energy Independence and Economic Growth. Section 5 of this Order directs federal agencies to discontinue...

Superstorm Sandy at Five: Lessons on Law as Catalyst and Obstacle to Long-Term Recovery Following Catastrophic Disasters

Nine of the 10 costliest U.S. hurricanes on record have ravaged the Atlantic and Gulf Coasts in the first two decades of the 21st century, yet federal, state, and local governments continue to struggle with devising an efficient and...

Managing Property Buyouts at the Local Level: Seeking Benefits and Limiting Harms

Efforts to conduct buyouts of at-risk properties are an increasingly popular resilience tool, especially in response to massive flooding losses in recent years and the financial predicament of the National Flood Insurance Program. Calls...

Public Employees for Environmental Responsibility v. Pruitt

A district court ordered EPA to comply with a FOIA request concerning the EPA Administrator's statement on TV that he did not believe human activity was a primary cause of climate change. Following his remarks, an environmental group...

Juliana v. United States

A district court denied the U.S. government's motion to stay discovery in a lawsuit brought by a group of youths against the U.S. government for failing to protect them from climate change. The government argued that the group is not...

Legal Pathways to the Broad Use of Negative Emissions Technologies and Direct Air Capture of Greenhouse Gases

Deep decarbonization will have to explore the use of negative emissions technologies (NETs), which include the direct air capture (DAC) of ambient carbon dioxide. NETs capture or consume more carbon dioxide than they emit, and DAC is a...

The Case for Corporate Action on Climate Change

Corporate America does not speak with one voice on climate change. On the one hand, hundreds of companies recognize the gravity of the environmental, social, and economic disruption that the majority of climate scientists are predicting...