Climate Change (generally)
Sea-Level Change Science for Decisionmakers
Author
Marisa Borreggine and Schmitty Thompson
Author Bios (long)

Marisa Borreggine is a 2024 NOAA Sea Grant John A. Knauss Marine Policy Fellow, and completed their Ph.D. at Harvard in the Department of Earth and Planetary Sciences in 2023. Schmitty Thompson is a research associate with the Oregon State University College of Earth, Ocean, and Atmospheric Sciences, and completed their Ph.D. in Geology at OSU in 2024.

Date
September 2024
Volume
54
Issue
9
Page
10755
Type
Articles
Summary

Among the many detrimental impacts from climate change, sea-level rise is one of the most damaging, costly, and devastating. Sea-level change poses particular challenges for coastal communities, and is becoming more prevalent in environmental law. Existing scientific literature about how sea-level change works can often be inaccessible to the people that need it. In addition, each coastal community experiences a unique combination of global, regional, and local factors that define sea-level change. This Article provides an overview of how sea-level change works and a repository of data tools available to the public, covering how sea level is defined, measured, and modeled, the processes that change sea level globally and regionally, how these processes have changed over time, and how to interpret the scientific uncertainty present in sea-level science. It then examines how regional and local processes determine sea-level change along the Florida coastline and provides an overview of historical, modern, and future sea-level rise there. The Article can serve as a reference for understanding the science that may come up in legal cases related to sea-level change, and the associated toolkit provides regionally specific information for understanding sea level throughout the United States.

Coastal Migration With Dignity: Safeguards for Vulnerable Communities
Author
Randall S. Abate and Aashini Choksi
Author Bios (long)

Randall S. Abate is assistant dean for environmental law studies at the George Washington University Law School. Aashini Choksi is a 2024 graduate of the George Washington University Law School, and a law clerk for the Honorable Robert A. Salerno of the Superior Court of the District of Columbia.

Date
September 2024
Volume
54
Issue
9
Page
10744
Type
Comment(s)
Summary

Sea-level rise is a common denominator that prompts two related but distinct types of coastal migration: (1) wealthy coastal communities that retreat inland to ensure their physical and economic security while encroaching on the neighborhoods of existing vulnerable communities; and (2) vulnerable Native Alaskan communities that relocate inland to ensure their survival while striving to retain their cultural identity. This Comment explores how vulnerable coastal communities in both contexts require enhanced legal protections through the lens of “coastal migration with dignity.” Like the existing literature, it proposes to apply social justice-oriented safeguards to vulnerable communities in the climate migration context, but it does so without delving into the logistics and dignity rights involved in the resettlement process, focusing instead on recommendations to diminish the vulnerability of communities in two climate migration case studies in the United States.

Climate Migration as Climate Resilience: A Case Study of Orlando, Florida
Author
Natalie Lara
Author Bios (long)

Natalie Lara is a 2025 J.D. candidate at Pace University’s Elisabeth Haub School of Law.

Date
September 2024
Volume
54
Issue
9
Page
10736
Type
Comment(s)
Summary

As the United States and the global community figure out how to address climate migration, local governments can and have already been preparing for it. Planning for climate migrants is a part of climate resilience. This Comment calls on local governments, community groups, and individuals to make a stand for how their communities will address climate change, focusing on climate migration. Local governments have tremendous power when it comes to future development. With their land use authority, these governments can adopt plans to better accommodate climate migrants or climate-displaced persons. As hurricanes or other environmental disasters reveal and worsen existing social inequalities, local governments are in a special position to accommodate climate-displaced persons. 

H.R. 9120
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Cartwright
Sponsor Party Affiliation
D-Pa.
Issue
9
Volume
54
Update Issue
21
Update Volume
54
Congress Number
118
Congressional Record Number
170 Cong. Rec. H4912

would establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize government efficiency and reduce costs, in cooperation with state and local governments, Indian tribes, Native Hawaiians, and other entities.

H. Res. 1375
Update Type
Committee Name
Committee on Energy and Commerce
Sponsor Name
McClellan
Sponsor Party Affiliation
D-Va.
Issue
9
Volume
54
Update Issue
21
Update Volume
54
Congress Number
118
Congressional Record Number
170 Cong. Rec. H4859

would recognize the threat of extreme weather to children's health and well-being, and express the sense of Congress that solutions must be rapidly and equitably developed and deployed to address the unique vulnerabilities and needs of children.

S. 4752
Update Type
Committee Name
Committee on Environment and Public Works
Sponsor Name
Whitehouse
Sponsor Party Affiliation
D-R.I.
Issue
9
Volume
54
Update Issue
21
Update Volume
54
Congress Number
118
Congressional Record Number
170 Cong. Rec. S5195

would establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize government efficiency and reduce costs, in cooperation with state and local governments, Indian tribes, Native Hawaiians, and other entities.

S. 4898
Update Type
Committee Name
Committee on Homeland Security and Governmental Affairs
Sponsor Name
Rosen
Sponsor Party Affiliation
D-Nev.
Issue
9
Volume
54
Update Issue
21
Update Volume
54
Congress Number
118
Congressional Record Number
170 Cong. Rec. S5681

would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include extreme heat in the definition of a major disaster.

Going Concerns and Environmental Concerns: Mitigating Climate Change Through Bankruptcy Reform
Author
Alexander Gouzoules
Author Bios (long)

Alexander Gouzoules is an Associate Professor of Law at the University of Missouri School of Law.

Date
August 2024
Volume
54
Issue
8
Page
10694
Type
Comment(s)
Summary

This abstract, which is adapted from Alexander Gouzoules, Going Concerns and Environmental Concerns: Mitigating Climate Change Through Bankruptcy Reform, 62 B.C. L. Rev. 2169 (2022), examines how legislative reforms to the Bankruptcy Code could mitigate the effects of climate change, speed the adoption of renewable energy, and contribute to the United States’ compliance with the Paris Agreement of 2015.

Designing Effective Border Carbon Adjustment Mechanisms: Aligning the Global Trade and Climate Change Regimes
Author
Goran Dominioni and Daniel C. Esty
Author Bios (long)

Goran Dominioni is Assistant Professor in Climate Change Law at the School of Law and Government of Dublin City University. Daniel C. Esty is the Hillhouse Professor at Yale University with primary appointments in the Law and Environment Schools and secondary appointments in the Management and Global Affairs Schools. He also serves as director of the Yale Center for Environmental Law and Policy and co-director of the Yale Initiative on Sustainable Finance. He spent 2022-2023 on public service leave from Yale at the World Trade Organization in Geneva.

Date
August 2024
Volume
54
Issue
8
Page
10686
Type
Articles
Summary

This Article, which is adapted from Goran Dominioni & Daniel C. Esty, Designing Effective Border Carbon Adjustment Mechanisms: Aligning the Global Trade and Climate Change Regimes, 65 Ariz. L. Rev. 1 (2023), proposes a taxonomy of approaches to comparing climate policies implemented in the importing and the exporting countries and analyzes their relative strengths.

Leveraging Climate Choice Architecture for Effective Behavior Change
Author
Tabitha A. Scott
Author Bios (long)

Tabitha A. Scott is the Executive Sustainability Officer at Gilbane Building Company and has led sustainability and innovation for three large global organizations.

Date
August 2024
Volume
54
Issue
8
Page
10649
Type
Comment(s)
Summary

Prof. Felix Mormann’s introduction in Climate Choice Architecture masterfully highlights the pivotal role of behavioral change in tackling the global climate crisis, and underscores the profound impact of choice architecture—subtle changes in decision environments—on influencing climate-conscious decisionmaking. Drawing from the seminal works of Nobel Laureate Richard Thaler and Prof. Cass Sunstein, Professor Mormann champions the strategic use of small “nudges” to guide individuals and organizations toward sustainable outcomes. The Comment highlights three aspects of the article that resonated with their own experiences and research: the identification of positive, shared outcomes, the utilization of nudges, and application of modern technology for implementation and consistency.