This abstract, which is adapted from Alexander Gouzoules, Going Concerns and Environmental Concerns: Mitigating Climate Change Through Bankruptcy Reform, 62 B.C. L. Rev. 2169 (2022), examines how legislative reforms to the Bankruptcy Code could mitigate the effects of climate change, speed the adoption of renewable energy, and contribute to the United States’ compliance with the Paris Agreement of 2015.

This Article, which is adapted from Goran Dominioni & Daniel C. Esty, Designing Effective Border Carbon Adjustment Mechanisms: Aligning the Global Trade and Climate Change Regimes, 65 Ariz. L. Rev. 1 (2023), proposes a taxonomy of approaches to comparing climate policies implemented in the importing and the exporting countries and analyzes their relative strengths.

Prof. Felix Mormann’s introduction in Climate Choice Architecture masterfully highlights the pivotal role of behavioral change in tackling the global climate crisis, and underscores the profound impact of choice architecture—subtle changes in decision environments—on influencing climate-conscious decisionmaking. Drawing from the seminal works of Nobel Laureate Richard Thaler and Prof. Cass Sunstein, Professor Mormann champions the strategic use of small “nudges” to guide individuals and organizations toward sustainable outcomes. The Comment highlights three aspects of the article that resonated with their own experiences and research: the identification of positive, shared outcomes, the utilization of nudges, and application of modern technology for implementation and consistency.

Prof. Felix Mormann’s Climate Choice Architecture comprehensively catalogs and classifies different types of nudge interventions that can be used to combat climate change. He argues that choice architecture can complement command-and-control mandates, market-based incentives, and other forms of regulation while also acknowledging its limitations. Despite choice architecture’s shortcomings, this Comment wholeheartedly concurs that it is an underutilized tool in the environmental policymaker’s toolbox, and makes two recommendations drawn from the academic behavioral and environmental economics literature to supplement Professor Mormann’s article.

Successful climate change mitigation and adaptation require behavioral change at an unprecedented scale. Fortunately, behavioral research has proven that minor tweaks to the choice environment can usher in a paradigm shift toward more climate-friendly decisionmaking. This Article makes the case for greater reliance on choice architectural nudges as a catalyst for more climate-friendly decisionmaking across a wide range of contexts.