Marine Protected Areas on the Uncertain Frontiers of Climate Change
Scientific communities and policy experts argue that marine protected areas (MPAs) will increase the potential of marine ecosystems to tackle climate change impacts. Yet to date, there has been little legal scholarship about how to design, manage, and implement climate-resilient MPAs. This Article underscores the importance of considering climate change in the design, planning, and implementation of MPAs, and identifies mechanisms for incorporating climate change elements into MPAs.
Environmental Rights, Public Trust, and Public Nuisance: Addressing Climate Injustices Through State Climate Liability Litigation
This Article focuses on an area of rapidly evolving jurisprudence—climate liability litigation. It examines in depth the state attorney general’s complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-law tort claims. It explores the intensely sustained legal battles taking place between states and fossil fuel companies over whether federal courts or state courts should have jurisdiction, which in many respects is the “ballgame issue” for both plaintiffs and defendants.
Extreme Weather and Climate Change
People, businesses, cities, and states are increasingly burdened by extreme weather events. Drought, heat, wildfires, precipitation, hurricanes, and tornadoes are becoming more intense. Most analysts point toward an emerging trend: as the earth warms, extreme weather events are becoming more costly and more deadly, though some raise lingering uncertainties about linking climate change to specific types of weather or specific events.
The Public Trust in Wildlife: Closing the Implementation Gap in 13 Western States
State wildlife agencies commonly claim they are entitled to manage wildlife under the public trust doctrine (PTD). This assertion is frequently made in judicial proceedings, with state requests that their managerial authority be given due force throughout state, private, federal, and even tribal lands. One might conclude that a rich body of PTD practices and policies exists for wildlife; in reality, the PTD in state wildlife management proves to be ephemeral.
Back to the Future: Creating a Bipartisan Environmental Movement for the 21st Century
With a contentious presidential election looming amidst a pandemic, economic worries, and historic protests against systemic racism, climate action may seem less pressing than other challenges. Nothing could be further from the truth.
Roads to Nowhere in Four States: State and Local Governments in the Atlantic Southeast Facing Sea-Level Rise
Local governments in the coastal zone play a key role in adapting to the changing climate.
Under the Radar: A Coherent System of Climate Governance, Driven by Business
This Article argues that growing private efforts to address climate change collectively take on the attributes and functions of a governance system that could be vital to societal decarbonization. Instead of evaluating specific initiatives or actions of particular businesses, it explores the entire field of private climate action and offers new ways of thinking about the path ahead.