The Acceleration of Climate Creep: The Court Crashes, Congress Surges

October 2022
ELR 10778
Cinnamon P. Carlarne

This Comment takes up two recent conflicting developments: the U.S. Supreme Court’s decision in West Virginia v. Environmental Protection Agency, which was designed to undercut present and future federal climate action, and Congress’ surprising countermove passing climate legislation in the form of the Inflation Reduction Act, which has dramatically accelerated development of the rule of law around climate change in the United States. It suggests that climate creep has taken hold, and that we have entered a new era in the development of climate law that not only limits the ability of the Court to obstruct legal progress, but also creates a firmer foundation for systemwide change.

Cinnamon P. Carlarne is Associate Dean for Faculty and Intellectual Life and the Robert J. Lynn Chair in Law, Moritz College of Law, The Ohio State University.

Article File