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.

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.

The rapid transition of energy resources from fossil fuels toward renewables has been widely recognized as an essential tool in mitigating climate change. Yet, renewable energy development projects and facilities can be land use-intensive and have the potential to negatively impact conservation areas. To attempt to tackle these issues, President Joseph Biden signed Executive Order No.

Courts across the globe recognize that human-induced climate change leads to more frequent and severe extreme weather and other events, resulting in significant damages to persons and property. Although courts have therefore ordered countries and corporations to take more aggressive actions to limit their greenhouse gas emissions, no court has yet required any emitter to pay damages for injuries from a climate changerelated event. Causation issues remain a significant obstacle to such claims.

Environmentally conscious financiers are increasingly pursuing green ventures, especially through green bonds and stocks, social investing, and social benefit corporations. On September 21, 2021, the Environmental Law Institute hosted a panel of experts for its Environmental Law and Finance Series that explored the regulatory process for green bonds and stocks, best practices for advising stakeholders and clients interested in green bonds, and the opportunities and challenges of leveraging green financial tools to combat climate change.

Over the last few decades, 30 states and Washington, D.C., have enacted renewable portfolio standard (RPS) programs. These programs vary substantially, with most states having a restriction or preference with respect to whether renewables are located in-state or in-region. This Article takes a cross-disciplinary approach to analyzing these programs: first, by looking at how geographic limitations may run afoul of the dormant Commerce Clause (DCC); and second, by considering empirical research on how geographic provisions affect RPS programs’ cost-effectiveness.

In July 2021, the European Commission published a proposal for a Carbon Border Adjustment Mechanism (CBAM), part of a wider package of laws aimed at implementing the European Union (EU) Green Deal. The exact design of the CBAM is in flux, and priorities will have to be set. The chief concern is the compatibility of a CBAM with the law of the World Trade Organization (WTO). This Article explores whether and how the various CBAM design options under consideration can be reconciled with WTO requirements, focusing on a possible import border adjustment scheme.