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.
This Article develops a new normative account of the function of financial assurance requirements (FARs) for end-of-life obligations in the energy sector. These obligations cover restoration of the site to its original condition or to a level that could accommodate another productive use once the energy project ends. FARs necessitate that operators evidence ability to pay for this.
It is now scientifically proven that climate change is causing disruptions to the world at large. These slow-motion consequences threaten most coastal areas around the world, especially the Pacific Island nations. Scientists predict that climate change will cause the forced displacement of people; desertification; protracted destructive wildfires; sea-level rise; ocean acidification; extreme weather events; and severe drought, which then impacts the supply of food.
A district court permanently enjoined a California Proposition 65 warning requirement on the weedkiller glyphosate. Agribusiness groups argued the law, which requires warning labels for products containing chemicals known to California to cause cancer, as applied to glyphosate compelled speech under...
The Federal Circuit reversed a Court of Federal Claims ruling that the U.S. government was liable for flooding private properties when it raised the water level of a lake in Mississippi to prevent a nearby levee from breaching. Landowners argued that raising the water level of the lake, which subseq...