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Salmon, Climate Change, and the Future

This Article examines the nature of the threats that climate change poses and will continue to pose for salmon recovery, as well as possible legal responses to combat these threats. It also considers the future prospects of Pacific salmon in a world that will include significant climate change and other threats to preserving and equitably apportioning the salmon resource, whose environmental sensitivity and expansive life cycle will continue to pose substantial challenges for the foreseeable future.

Local Solutions to the Global Crisis: A Guide to Climate-Resilient Development

In February 2022, the Intergovernmental Panel on Climate Change (IPCC) promulgated climate-resilient development (CRD), which combines adaptation and mitigation as a principal strategy for managing climate change. This Article discusses local land use law in the context of CRD and provides a methodology for identifying and evaluating strategies that address the global climate crisis at the local level. Local governments have the power to integrate land use strategies that include CRD components, and the IPCC identified these strategies as effective tools for implementing CRD.

Equitable Electrification: Could City and State Policies Aggravate Energy Insecurity?

Progressive cities and states have begun enacting policies to reduce greenhouse gas emissions from buildings, one of the leading sources of such emissions in the United States. The same jurisdictions have also generally committed to pursuing decarbonization equitably, without exacerbating the disadvantages faced by historically marginalized communities. Electrification is currently a favored policy for decarbonizing buildings. This Article examines the potential for building electrification to impact tenant energy costs through a case study of New York City.

Financially Equivalent but Behaviorally Distinct? Pollution Tax and Cap-and-Trade Negotiations

Economic theory suggests that pollution tax and cap-and-trade regulations can be functionally equivalent. Environmentalists tend to prefer the firm emissions cap in cap-and-trade programs, while economists and business interests tend to prefer the price certainty of tax programs. But both may be overlooking behavioral distinctions between the two policies. Using a novel randomized case experiment, this Article tests whether the framing changes negotiated policies.

The Acceleration of Climate Creep: The Court Crashes, Congress Surges

This Comment takes up two recent conflicting developments: the U.S. Supreme Court’s decision in West Virginia v. Environmental Protection Agency, which was designed to undercut present and future federal climate action, and Congress’ surprising countermove passing climate legislation in the form of the Inflation Reduction Act, which has dramatically accelerated development of the rule of law around climate change in the United States.