Efforts to hold major greenhouse gas emitters accountable for the harms caused by global climate change have been consistently frustrated at the procedural stages of litigation in U.S. federal courts. This Article explores using a combination of class action mechanisms to engage with these threshold barriers and hold carbon-major corporations responsible for climate impacts.

On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the “30 by 30” program to “conserve” 30% of the nation’s lands and waters by 2030, but to date, the Administration has yet to clarify the standards defining "conservation" lands. In September 2021, Nada Culver, the acting director of the Bureau of Land Management (BLM), and Chris French, the deputy chief of the Forest Service’s National Forest System (NFS) confirmed at an annual Public Lands Council meeting that they believe the nation’s grazing lands “should [be] include[d]” in the 30 by 30 count.

The Paris Agreement’s goal to hold warming to 1.5°-2°C above pre-industrial levels now appears unrealistic. Profs. Robin Kundis Craig and J.B. Ruhl have recently argued that because a 4°C world may be likely, we must recognize the disruptive consequences of such a world and respond by reimagining governance structures to meet the challenges of adapting to it.

While climate policy typically focuses on future decarbonization 10 to 20 years out, temperatures continue to rise. Greenhouse gases emitted upfront from the materials fabrication, construction, and renovation of our physical environment—embodied emissions—accelerate the rate of global warming now. They increase atmospheric carbon before our buildings and infrastructure are even used.

The collapse of the Champlain Towers South condominium complex in Surfside, Florida, raised questions about how climate change and environmental impacts may cause damage to coastal buildings. Independent structural issues are suspected to be a major factor in the collapse, but scientists and legal researchers posit that environmental factors also played a role. On December 20, 2021, the Environmental Law Institute hosted a panel of experts that explored the climate risks to coastal communities and buildings in Florida, California, and elsewhere.

Agriculture’s contribution to climate change is much more substantial than official figures suggest. We will not be able to achieve our overall mitigation goals unless agricultural emissions sharply decline. Farms and ranches can be a major part of the climate solution, while protecting biodiversity, strengthening rural communities, and improving the lives of the workers who cultivate our crops and rear our animals. Agriculture climate solutions are critical elements both in ensuring our food security and in limiting climate change.