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.
The Department of Commerce, via NOAA, seeks input on how to enhance NOAA’s delivery of climate data, information, science, and tools and ensure that this delivery is equitable and accounts for the needs and priorities of a diverse set of user communities as they engage in climate preparedness, adaptation, and resilience planning.
This Article, adapted from the Climate Science and Law for Judges Curriculum, examines the status and viability of judicial remedies in climate change litigation. It focuses on climate cases that are seeking science-based remedies specifically related to climate mitigation (actions to reduce greenhouse gas emissions or draw down atmospheric carbon) and climate-change adaptation (actions to reduce the negative impacts of climate disruption on human and natural communities).
In June 2022, in West Virginia v. Environmental Protection Agency, the U.S. Supreme Court announced that on “major questions” the U.S. Congress must legislate with far more clarity and specificity than previously demanded. The Court held the U.S. Environmental Protection Agency (EPA) may regulate power plant carbon emissions in traditional ways, but the novel approach taken in the Clean Power Plan required clearer authorization than Congress had provided. Six weeks later, Congress enacted the Inflation Reduction Act (IRA).
FERC directed the North American Electric Reliability Corporation to develop a new or modified reliability standard to address reliability concerns pertaining to transmission system planning for extreme heat and cold weather events that impact the reliable operation of the bulk-power system.
The White House Office of Science and Technology Policy notified the Earth Observations community that a draft of the congressionally-mandated National Plan for Civil Earth Observations will be released for a short national review period in Summer 2023.
The Inflation Reduction Act and Federal Buy Clean Initiative have each inspired states and municipalities to regulate embodied carbon (Scope 3) using “Buy Clean” policies and legislation. Reducing embodied carbon has become mainstream, and environmental product declarations (EPDs) have surfaced as the tool. Are EPDs alone enough? Is the compliance timeline sufficient? On February 1, 2023, the Environmental Law Institute hosted a panel of experts that provided an update on Buy Clean policy, green funding, the status of carbon emissions, and a primer on EPDs.
The U.S. Patent and Trademark Office expanded the Climate Change Mitigation Pilot Program to include innovations in any economic sector that are designed to make progress toward achieving net-zero greenhouse gas emissions, increased the filing limitations for petitions under the program, and extended the duration of the program.
The U.S. Geological Survey announced that it, in collaboration with Environment and Climate Change Canada and Mexico’s La Comisión Nacional para el Conocimiento y Uso de la Biodiversidad, will undertake a two-year regional assessment of biodiversity and climate change, culminating in the first-ever assessment report addressing these two challenges together for the United States, Canada, Mexico, U.S. territories, and Freely Associated States.
The National Credit Union Administration seeks public input on current and future climate and natural disaster risks to federally insured credit unions (FICUs), related entities, their members, and the National Credit Union Share Insurance Fund, and on the development of potential future guidance, regulation, reporting requirements, and/or supervisory approaches for FICUs’ management of climate-related financial risks.