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Making Net Zero Matter

This abstract is adapted from Albert C. Lin, Making Net Zero Matter, 79 Wash. & Lee L. Rev. 679 (2022), and used with permission.

Couser v. Shelby, Iowa, County of

A district court granted a pipeline company's motion to preliminarily enjoin enforcement of an Iowa county zoning ordinance promulgated in response to the company's proposed carbon dioxide pipeline. The company argued the ordinance was preempted by the federal Pipeline Safety Act and by Iowa Code §...

El Puente v. U.S. Army Corps of Engineers

A district court denied summary judgment for environmental groups in their challenge to the Army Corps of Engineers' approval of a navigation improvement project in San Juan Harbor in Puerto Rico. The groups sued the Corps, NMFS, and FWS, arguing they violated the ESA, NEPA, and the CWA. With respec...

Mountain Valley Pipeline, LLC v. Wilderness Society

In an unsigned order, the U.S. Supreme Court granted Mountain Valley Pipeline proponents' emergency application to vacate two Fourth Circuit orders halting construction of the 303-mile natural gas pipeline. The high court vacated the appellate court's July 10, 2023, and July 11, 2023, orders staying...

The Dangers of Underscoping Risk

In 4°C, Ruhl and Craig effectively argue that governance measures, particularly adaptation planning, will fall short if institutions fail to embrace the real possibility that the planet will blow well past 2° Celsius (°C) above pre-industrial temperatures. Further, they argue that 4°C is a better target for adaptation planning because this metric better captures the future risk the nation faces. Ruhl and Craig are keenly aware that serious talk of a possible 4°C future will almost certainly trigger accusations of “doomism” from various critics.

Anticipating and Preparing for Climate Change

In 4°C, Ruhl and Craig acknowledge that the Earth’s climate is changing at an increasingly rapid rate, outside the range to which society has adapted in the past. Realistically, achieving the goal set in the 2015 Paris Agreement of limiting global warming to 1.5°C will be almost unattainable without drastic actions to reduce greenhouse gas emissions.

4°C

Accelerating ice loss and expanding wildfire zones are potential markers of what are known as tipping points—thresholds along a nonlinear pattern of system change that accelerate the pace of change. Scientists are concerned that our global climate system is dangerously close to passing these points. This trend has significant implications for governance and law. Climate change disruptions will extend beyond biophysical systems to social systems, including systems of governance.

Missouri v. United States Department of Interior

The Eighth Circuit affirmed summary judgment for the Bureau of Reclamation in a challenge to the Bureau's decision to move forward with a water reclamation project in North Dakota. The state of Missouri argued the Bureau violated the Water Supply Act by moving forward without first getting approval ...