H.R. 382
would require the Administrator of EPA to collect, calculate, and publish information regarding emissions of carbon dioxide and methane outside the boundaries of the United States that are associated with exports of fossil fuels.
would require the Administrator of EPA to collect, calculate, and publish information regarding emissions of carbon dioxide and methane outside the boundaries of the United States that are associated with exports of fossil fuels.
would amend the Securities Exchange Act of 1934 to prohibit the SEC from requiring an issuer to make climate-related disclosures that are not material to investors.
In 2025, the International Court of Justice (ICJ) will deliver an advisory opinion on the legal obligations of nations with respect to the mounting damage caused by climate change. This ruling will definitively restate applicable international law, provide a basis for new global policy decisions within the U.N. General Assembly, and provide a predicate for new lawsuits in national courts. To be effective, remedies for breaching a government’s duties to avert climate change will require a “collective remedy,” not merely financial compensation. This ruling was sought by law students from the South Pacific and elsewhere; this Article, also by young legal scholars, evaluates the scope and estimates the content of the forthcoming ICJ opinion.
President Biden’s 2021 Executive Order No. 14008 created a new federal legal concept of “energy communities.” The Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA) further defined this term, with an emphasis on historical dependence on fossil energy industries. This Article summarizes and assesses current law for “energy communities” in the United States, with an emphasis on recent developments and early implementation efforts. Following a brief overview, it explains how this conception of “energy communities” overlaps with, but is distinct from, other closely related definitions of communities in need of socioeconomic supports or revitalization. It then assesses the complexity, challenges, and progress to date toward implementation of the newly defined concept. With the recent election, many speculate about the durability of the IIJA and the IRA, but it is noteworthy that “energy communities” and their need for economic revitalization have enjoyed bipartisan recognition.
What is climate litigation? Widely accepted definitions suggest it is any litigation pertaining directly or indirectly to climate change, which encompasses both strategic and routine litigation. Building on this framework, previous empirical assessments have found that climate litigation has not prompted a climate-oriented jurisprudence. However, empirical evidence suggests that strategic litigation—and not routine litigation—has contributed to development of a climate-oriented jurisprudence in jurisdictions across the globe. The different court receptiveness and variations in plaintiff behavior in strategic and routine litigation shed light on a distinctive framing for study: climate litigation as strategic litigation. While some commentators have criticized the disproportionate focus on “the tip of the iceberg,” this emphasis is perhaps better described as a deliberate choice rather than a failure to spot the entire iceberg.
As in many other countries, climate change is driving new and complex litigation throughout India. These cases deal with a wide scope of issues, including greenhouse gas (GHG) emissions, renewable energy development, and air pollution, among other topics. Five features related to India’s climate and energy policies, its judicial structure, and a recent Supreme Court decision make it likely that the courts will continue to play a significant role in shaping the country’s response to climate change.
would support marine carbon dioxide removal activities.
would provide for debt reduction for developing countries for purposes of climate adaptation.
would impose an assessment related to fossil fuel emissions and establish the Polluter Pay Climate Fund.
Recent studies suggest natural gas is significantly more carbon-intensive than previously realized, with methane having at least 25 times the warming potential of carbon dioxide. If the United States is to meet greenhouse gas reduction goals, it must curtail methane leakage between 30% and 90%, and leakage is anticipated to cost producers $2 billion each year in lost product. Absent regulations from the federal government and many states, nongovernmental organizations and the private sector are developing innovative solutions. On April 8, 2020, the Environmental Law Institute hosted a panel that explored cutting-edge practices to monitor and mitigate leaking methane. Here, we present a transcript of the discussion, which has been edited for style, clarity, and space considerations.
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