Federal Leadership for Relocation of Coastal Communities
More severe storm surges and rising sea levels along the coast of the United States pose a threat to coastal communities, infrastructure, and ecosystems.
More severe storm surges and rising sea levels along the coast of the United States pose a threat to coastal communities, infrastructure, and ecosystems.
Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.
The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.
The National Institute of Standards and Technology (NIST) identified categorical exclusions established by DOE under NEPA that cover categories of actions that NIST proposes to take.
DOT adopted DOE’s Electric Vehicle Charging Stations categorical exclusion under NEPA to use in DOT programs and funding opportunities administered by the Department.
The Bureau of Safety and Environmental Enforcement revised certain regulatory provisions concerning blowout preventer systems and well control for oil and gas and sulfur operations in the outer continental shelf.
The Advisory Council on Historic Preservation adopted its Policy Statement on Climate Change and Historic Preservation.
This abstract is adapted from Albert C. Lin, Making Net Zero Matter, 79 Wash. & Lee L. Rev. 679 (2022), and used with permission.
This abstract is adapted from Cass R. Sunstein, Arbitrariness Review and Climate Change, 170 U. Pa. L. Rev. 991 (2022), and used with permission.
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.