Climate Change (generally)
A New Causal Pathway for Recovery in Climate Change Litigation?
Author
Thomas Burman
Author Bios (long)

Thomas Burman works as project development counsel at Virunga Power, a sustainable energy infrastructure developer in East and Southern Africa. He was previously an attorney in the energy, environmental, mining, and transportation division at Stinson LLP.

Date
January 2022
Volume
52
Issue
1
Page
10038
Type
Articles
Summary

Courts across the globe recognize that human-induced climate change leads to more frequent and severe extreme weather and other events, resulting in significant damages to persons and property. Although courts have therefore ordered countries and corporations to take more aggressive actions to limit their greenhouse gas emissions, no court has yet required any emitter to pay damages for injuries from a climate changerelated event. Causation issues remain a significant obstacle to such claims. To overcome this obstacle, this Article proposes using causal and liability standards that have long been applied in tort claims involving diffuse environmental pollution. Specifically, the “necessary element of a sufficient set” approach, when combined with proportional liability, may allow a plaintiff to establish an entity’s emissions as a legally relevant cause of a specific climate-related injury. The Article reviews the laws of five key jurisdictions, concluding that the proposed approach may successfully establish a legally relevant causal link in most, if not all, of them, with varying success depending on the climate change-related event in question.

Green Bonds and the Climate Crisis
Author
Chandler Randol, John Shideler, Phillip Ludvigsen, and Cait Lamberton
Author Bios (long)

Chandler Randol (moderator) is Manager of Educational Programs at the Environmental Law Institute. John Shideler, Ph.D., is President of Futurepast: Inc. Phillip Ludvigsen, Ph.D., is a Senior Associate at First Environment Inc. Cait Lamberton, Ph.D., is the Alberto I. Duran President’s Distinguished Professor of Marketing at the Wharton School, University of Pennsylvania.

Date
December 2021
Volume
51
Issue
12
Page
10995
Type
Dialogue
Summary

Environmentally conscious financiers are increasingly pursuing green ventures, especially through green bonds and stocks, social investing, and social benefit corporations. On September 21, 2021, the Environmental Law Institute hosted a panel of experts for its Environmental Law and Finance Series that explored the regulatory process for green bonds and stocks, best practices for advising stakeholders and clients interested in green bonds, and the opportunities and challenges of leveraging green financial tools to combat climate change. This Dialogue presents a transcript of that discussion, which has been edited for style, clarity, and space considerations.

H. Res. 792
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Harder
Sponsor Party Affiliation
D-Cal.
Issue
1
Volume
52
Update Issue
34
Update Volume
51
Congress Number
117
Congressional Record Number
167 Cong. Rec. H6247

would honor the individuals fighting and the individuals who have fallen responding to wildland fires during the ongoing 2021 wildfire season.

H.R. 5948
Update Type
Committee Name
Committees on Science, Space, and Technology, Foreign Affairs, and Natural Resources
Sponsor Name
Beyer
Sponsor Party Affiliation
D-Va.
Issue
1
Volume
52
Update Issue
34
Update Volume
51
Congress Number
117
Congressional Record Number
167 Cong. Rec. H6246

would enhance safety and protect research interests and the environment in Antarctica.

H.R. 5896
Update Type
Committee Name
Committees on Transportation and Infrastructure, Ways and Means, Education and Labor, and Energy and Commerce
Sponsor Name
DeSaulnier
Sponsor Party Affiliation
D-Cal.
Issue
1
Volume
52
Update Issue
33
Update Volume
51
Congress Number
117
Congressional Record Number
167 Cong. Rec. H6235

would incentivize innovative transportation corridors to reduce carbon and greenhouse gas emissions, provide a tax structure that allows for certain investments in public transportation systems, and enable the fossil fuel workforce to transition to sustainable work sectors. 

H.R. 5830
Update Type
Committee Name
Committee on Foreign Affairs
Sponsor Name
Hoyer
Sponsor Party Affiliation
D-Md.
Issue
1
Volume
52
Update Issue
32
Update Volume
51
Congress Number
117
Congressional Record Number
167 Cong. Rec. H6177

would establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development.

H. Res. 755
Update Type
Committee Name
Committees on Foreign Affairs and Energy and Commerce
Sponsor Name
Schneider
Sponsor Party Affiliation
D-Ill.
Issue
12
Volume
51
Update Issue
32
Update Volume
51
Congress Number
117
Congressional Record Number
167 Cong. Rec. H6034

would express support for the 2021 United Nations Climate Change Conference in Glasgow and reaffirm the U.S. commitment to international cooperation combating climate change.

S. 3156
Update Type
Committee Name
Committee on Homeland Security and Governmental Affairs
Sponsor Name
Klobuchar
Sponsor Party Affiliation
D-Minn.
Issue
1
Volume
52
Update Issue
32
Update Volume
51
Congress Number
117
Congressional Record Number
167 Cong. Rec. S7720

would require federal agencies to maintain plans for responding to, mitigating, and adapting to climate change.

You must be an ELR subscriber to access the full content.

You are not logged in. To access this content: