Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Climate Change and the Role of Emerging Economies

The principles of “common but differentiated responsibility” (CBDR) and sustainable development play an integral role in international environmental law. However, these principles have come under fire in recent years, particularly from the global North, which has grown impatient over the lack of contribution on climate change from the emerging economies. Much effort has been expended toward the establishment of greater contribution, and the shouldering of greater responsibility from these countries.

Democracy Defense as Climate Change Law

In 1990, when the Clean Air Act (CAA) was last substantially amended, atmospheric carbon dioxide levels stood at about 350 parts per million (ppm). Now they are close to 414 ppm, and the U.S.

The Reasonable Investor and Climate-Related Information: Changing Expectations for Financial Disclosures

In recent years, the drumbeat for more expansive climate-related corporate disclosures has grown louder and more consistent within a broader swath of the financial community. This intensifying call argues for considering more climate-related information legally material under existing U.S. securities disclosure law. A key component of materiality as defined in U.S. securities law—who is a “reasonable investor”—is evolving when it comes to climate-related information. This evolution may soon impact what climate-related information courts consider material.

Reuse, Restore, Recycle: Historic Preservation as an Alternative to Sprawl

Our country's landscape has changed dramatically over the last 50 years as a result of numerous governmental policies and subsidies that encourage low-density development commonly referred to as "sprawl." Sprawl results in environmental problems ranging from air pollution to wetland degradation. Our countryside is disappearing and becoming more fragmented, while urban areas are simply neglected. Moreover, this type of growth, which has gone unchecked for the latter half of this century, increases traffic congestion, strains public budgets, and deteriorates our quality of life.

Learning From Tribal Innovations: Lessons in Climate Change Adaptation

Although a vast literature focuses on the efforts of states on climate change, they are not the only sovereigns who are working to address its negative impacts. This Article argues that though tribal governments are not part of the federalist system, they are still capable of regulatory innovation that may prove helpful to other sovereigns, such as other tribes, states, and the federal government.

Climate Engineering Under the Paris Agreement

Recent assessments of the international community’s ability to hold the increase of global average temperature to well below 2°C, while pursuing efforts to limit that increase to 1.5°C, indicate that this goal is unlikely to be achieved without large-scale implementation of climate engineering (CE) technologies.

The Constitutionality of Taxing Agricultural and Land Use Emissions

Economywide legislation to address climate change will be ineffective unless it addresses greenhouse gas emissions from agriculture and land use. Yet incorporating these sectors into the most popular policy proposal—a carbon tax—carries legal risk that policymakers and legal commentators have ignored. This Article explores whether a carbon tax, as applied to agriculture and land use, is a direct tax within the meaning of the Constitution; it concludes that text, history, and Supreme Court precedent up through National Federation of Independent Business v.

A Mount Laurel for Climate Change? The Judicial Role in Reducing Greenhouse Gas Emissions From Land Use and Transportation

Greenhouse gas emissions from transportation in the United States have remained persistently high. One cause is common low-density land use patterns that make most Americans dependent on automobiles. Reducing these emissions requires increasing density, which U.S. local government law makes difficult to achieve through the political process. Mount Laurel, a 1975 New Jersey Supreme Court case that addressed an affordable housing crisis by restraining local parochialism, provides a potential solution.