In producing over 274 million barrels of oil, 3.3 billion cubic feet of natural gas, and 302 million tons of coal each year, the Bureau of Land Management’s (BLM’s) decisions significantly impact U.S. and global greenhouse gas emissions; fossil fuels produced on federal land account for almost 24 percent of all U.S. CO2 emissions. This Article provides a legal road map for BLM to require all new oil and gas development to achieve net-zero emissions as a condition of operation.

Renewable portfolio standards (RPS) and their accompanying renewable energy credits have been adopted by 38 states and the District of Columbia. This Article argues that they have outlived their usefulness, and proposes a transition to a “carbon reduction standard” (CRS) based on a statewide target for the average carbon emissions per megawatt hour of electricity generation. It describes in detail how a CRS would work, how it aligns with changing policy goals, and how it would take advantage of RPS lessons learned.

Faced with the growing threat of climate vulnerability, many have turned to the idea of geoengineering. However, many environmentalists and human rights advocates are wary of the risks related to geoengineering. At present, there is no international agreement that governs the deployment of geoengineering technologies. This Article explores a rights-based approach for the governance of geoengineering in international law, including the impetus, rationale, and options for implementation.

The U.S. military has recognized climate change as a national security threat. Over the past three decades, installations across the country have experienced infrastructure damage, personnel evacuations, and millions or billions in rebuilding or repair costs. This Article argues that most military facilities are woefully unprepared for these impacts; to expedite action, it calls for a focus on expanding Other Transaction Authority (OTA) for infrastructure-related procurement, as well as specific measures, mandates, and responses.

As the prospects of significantly mitigating climate change through emissions reductions become dimmer, the critical necessity of adaptation has become clearer, with failure-to-adapt litigation possibly playing an important role in bringing adaptation measures to pass. Based on a review of every adaptation-related case in the U.S. Climate Litigation Database maintained by the Sabin Center for Climate Change Law, this Article offers the first comprehensive assessment of failure-to-adapt litigation in the United States.

In May 2024, the International Tribunal for the Law of the Sea (ITLOS) issued a landmark advisory opinion on climate change under international law. It unanimously determined that State Parties to the United Nations Convention on the Law of the Sea have specific obligations to take all necessary measures to prevent, reduce, and control marine pollution from anthropogenic greenhouse gas emissions.

The Stockholm Resilience Centre has concluded that the number of “planetary boundaries” we are crossing has increased from three in 2009, when the Centre’s researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization.

A number of facilities intended for permanent sequestration of carbon dioxide are being developed in the United States. Several will be located on or near the coast of the Gulf of Mexico, making them easily accessible to ships. Meanwhile, in Europe there is substantial interest in capturing carbon dioxide from industrial operations, but currently inadequate sequestration facilities, and growing interest in shipping carbon dioxide for sequestration in the United States. This Article reviews the main U.S.

Among the many detrimental impacts from climate change, sea-level rise is one of the most damaging, costly, and devastating. Sea-level change poses particular challenges for coastal communities, and is becoming more prevalent in environmental law. Existing scientific literature about how sea-level change works can often be inaccessible to the people that need it. In addition, each coastal community experiences a unique combination of global, regional, and local factors that define sea-level change.

Sea-level rise is a common denominator that prompts two related but distinct types of coastal migration: (1) wealthy coastal communities that retreat inland to ensure their physical and economic security while encroaching on the neighborhoods of existing vulnerable communities; and (2) vulnerable Native Alaskan communities that relocate inland to ensure their survival while striving to retain their cultural identity.