Climate Change (generally)
State Responsibility for Disrupting Earth's Climate System: Anticipating the ICJ Advisory Opinion
Author
Natalia Urzola, Nicholas A. Robinson, Léonore Gaboardi Carandell, Daye Chen, Bryce Clark, and Madison Routledge Pettus
Author Bios (long)

Natalia Urzola is an S.J.D. candidate at the Elisabeth Haub School of Law at Pace University, and Chief Operations Officer at the Global Network for Human Rights and the Environment. Nicholas A. Robinson is University Professor for the Environment at Pace University. Léonore Gaboardi Carandell is an exchange student at the Elisabeth Haub School of Law from Paris 1 Panthéon Sorbonne University. Daye Chen is a J.D. candidate from China, and Bryce Clark and Madison Routledge Pettus are J.D. candidates from the United States, each at the Elisabeth Haub School of Law.

Date
January 2025
Volume
55
Issue
1
Page
10073
Type
Articles
Summary

In 2025, the International Court of Justice (ICJ) will deliver an advisory opinion on the legal obligations of nations with respect to the mounting damage caused by climate change. This ruling will definitively restate applicable international law, provide a basis for new global policy decisions within the U.N. General Assembly, and provide a predicate for new lawsuits in national courts. To be effective, remedies for breaching a government’s duties to avert climate change will require a “collective remedy,” not merely financial compensation. This ruling was sought by law students from the South Pacific and elsewhere; this Article, also by young legal scholars, evaluates the scope and estimates the content of the forthcoming ICJ opinion.

Implementing "Energy Communities"
Author
Uma Outka
Author Bios (long)

Uma Outka is the William R. Scott Law Professor at the University of Kansas School of Law.

Date
January 2025
Volume
55
Issue
1
Page
10029
Type
Articles
Summary

President Biden’s 2021 Executive Order No. 14008 created a new federal legal concept of “energy communities.” The Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA) further defined this term, with an emphasis on historical dependence on fossil energy industries. This Article summarizes and assesses current law for “energy communities” in the United States, with an emphasis on recent developments and early implementation efforts. Following a brief overview, it explains how this conception of “energy communities” overlaps with, but is distinct from, other closely related definitions of communities in need of socioeconomic supports or revitalization. It then assesses the complexity, challenges, and progress to date toward implementation of the newly defined concept. With the recent election, many speculate about the durability of the IIJA and the IRA, but it is noteworthy that “energy communities” and their need for economic revitalization have enjoyed bipartisan recognition.

Climate Litigation as Strategic Litigation
Author
Maria E. Lessa
Author Bios (long)

Maria E. Lessa holds an LL.B. from the University of São Paulo in Brazil.

Date
January 2025
Volume
55
Issue
1
Page
10056
Type
Articles
Summary

What is climate litigation? Widely accepted definitions suggest it is any litigation pertaining directly or indirectly to climate change, which encompasses both strategic and routine litigation. Building on this framework, previous empirical assessments have found that climate litigation has not prompted a climate-oriented jurisprudence. However, empirical evidence suggests that strategic litigation—and not routine litigation—has contributed to development of a climate-oriented jurisprudence in jurisdictions across the globe. The different court receptiveness and variations in plaintiff behavior in strategic and routine litigation shed light on a distinctive framing for study: climate litigation as strategic litigation. While some commentators have criticized the disproportionate focus on “the tip of the iceberg,” this emphasis is perhaps better described as a deliberate choice rather than a failure to spot the entire iceberg.

Assessing and Advancing the Climate Capability of India's Judiciary
Author
Prakriti Shah and John M. Doherty
Author Bios (long)

Prakriti Shah, LL.M., was a Jim Rubin International Fellow at the Environmental Law Institute (ELI). John M. Doherty, Ph.D., is a Science and Policy Analyst at ELI and an Affiliate Researcher at the Earth Commons Institute of Georgetown University.

Date
January 2025
Volume
55
Issue
1
Page
10019
Type
Comment(s)
Summary

As in many other countries, climate change is driving new and complex litigation throughout India. These cases deal with a wide scope of issues, including greenhouse gas (GHG) emissions, renewable energy development, and air pollution, among other topics. Five features related to India’s climate and energy policies, its judicial structure, and a recent Supreme Court decision make it likely that the courts will continue to play a significant role in shaping the country’s response to climate change.

Leaking Methane: Natural Gas, Climate Change, and Uncertainty
Author
Chandler Randol, Jean M. Mosites, Richard Hyde, John Jacus, Theresa Pugh, and Ben Ratner
Author Bios (long)

Chandler Randol is Manager of Educational Programs for ELI. Jean M. Mosites (moderator) is a Shareholder at Babst Calland. Richard Hyde is the Executive Director of ONE Future. John Jacus is a Partner at Davis, Graham & Stubbs. Theresa Pugh is the President of Theresa Pugh Consulting, LLC. Ben Ratner is the Senior Director, EDF+Business, at Environmental Defense Fund.

Date
September 2020
Volume
50
Issue
9
Page
10695
Type
Dialogue
Summary

Recent studies suggest natural gas is significantly more carbon-intensive than previously realized, with methane having at least 25 times the warming potential of carbon dioxide. If the United States is to meet greenhouse gas reduction goals, it must curtail methane leakage between 30% and 90%, and leakage is anticipated to cost producers $2 billion each year in lost product. Absent regulations from the federal government and many states, nongovernmental organizations and the private sector are developing innovative solutions. On April 8, 2020, the Environmental Law Institute hosted a panel that explored cutting-edge practices to monitor and mitigate leaking methane. Here, we present a transcript of the discussion, which has been edited for style, clarity, and space considerations.

H.R. 10491
Update Type
Committee Name
Committees on Natural Resources and Science, Space, and Technology
Sponsor Name
Huffman
Sponsor Party Affiliation
D-Cal.
Issue
2
Volume
55
Update Issue
36
Update Volume
54
Congress Number
118
Congressional Record Number
170 Cong. Rec. H7358

would require the Administrator of NOAA to establish a Blue Carbon Program to conserve and restore blue carbon ecosystems

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