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Full-Text Articles in Law
Climate Litigation Scores Successes In The Netherlands And Pakistan, Michael B. Gerrard
Climate Litigation Scores Successes In The Netherlands And Pakistan, Michael B. Gerrard
Faculty Scholarship
Most U.S. climate change litigation falls into one of two categories. The vast majority of cases — which receive the bulk of the attention — are based on the Clean Air Act and other statutes. These include Massachusetts v. Environmental Protection Agency (2007) and the current litigation over the U.S. Environmental Protection Agency’s (EPA’s) Clean Power Plan. The second category, and the focus of this article, comprises cases based on common law and the Constitution.
Legal Pathways To Reducing Greenhouse Gas Emissions Under Section 115 Of The Clean Air Act, Michael Burger, Ann E. Carlson, Michael B. Gerrard, Jayni Foley Hein, Jason A. Schwartz, Keith J. Benes
Legal Pathways To Reducing Greenhouse Gas Emissions Under Section 115 Of The Clean Air Act, Michael Burger, Ann E. Carlson, Michael B. Gerrard, Jayni Foley Hein, Jason A. Schwartz, Keith J. Benes
Faculty Scholarship
Under President Barack Obama the U.S. Environmental Protection Agency has promulgated a series of greenhouse gas emissions regulations, initiating the necessary national response to climate change. However, the United States will need to find other ways to reduce GHG emissions if it is to live up to its international emissions reduction pledges, and to ultimately lead the way to a zero-carbon energy future. This paper argues that the success of the recent climate negotiations in Paris provides a strong basis for invoking a powerful tool available to help achieve the country’s climate change goals: Section 115 of the Clean Air …
Preparing Clients For Climate Change, Michael B. Gerrard
Preparing Clients For Climate Change, Michael B. Gerrard
Faculty Scholarship
The United Nations Climate Change Conference in Paris in December 2015 was rightly hailed as a diplomatic triumph. After years of preparation and two weeks of hard bargaining, 195 nations agreed on a framework for reducing greenhouse gas (GHG) emissions and heading off the worst impacts of climate change. Two implications of the Paris agreement were less heralded:
- If nations (including the United States) fulfill the voluntary pledges they made, they will embark on a massive transition away from fossil fuels and toward clean energy, including programs of unprecedented magnitude to build renewable energy facilities.
- Even if all nations do …
When Extrinsic Incentives Displace Intrinsic Motivation: Designing Legal Carrots And Sticks To Confront The Challenge Of Motivational Crowding-Out, Kristen Underhill
When Extrinsic Incentives Displace Intrinsic Motivation: Designing Legal Carrots And Sticks To Confront The Challenge Of Motivational Crowding-Out, Kristen Underhill
Faculty Scholarship
The rise of “nudges” has inspired countless efforts to encourage individual choices that maximize personal and collective welfare, with a preference for less restrictive tools such as setting default options or reordering choice sets. As part of this trend, there has been renewed interest in the behavioral impacts of incentives – namely, rewards or penalties for shaping individual choices, including but not limited to financial incentives. Explicit incentives are pervasive in the law, including carrots offered by governments (for example, tax deductions for charitable contributions, rebates for recycling, sentence reductions for prisoners who complete drug rehabilitation programs, and incentives for …
Sadly, The Paris Agreement Isn't Nearly Enough, Michael B. Gerrard
Sadly, The Paris Agreement Isn't Nearly Enough, Michael B. Gerrard
Faculty Scholarship
Climate change is a major contributor to migration and displacement. Persistent drought forced as many as 1.5 million Syrian farmers to move to overcrowded cities, contributing to social turmoil and ultimately a civil war that drove hundreds of thousands of people to attempt to cross the Mediterranean into Europe. Drought also worsened refugee crises in the Sahel, the Horn of Africa, and other parts of the continent.
The New Nature, Jedediah S. Purdy, Jo Guildi, Jairus Grove, Robert Paarlberg, Andreas Malm, David Keith, Anna Tsing, Ugo Mattei, Vandana Shiva, Paul Waldau, Roy Scranton
The New Nature, Jedediah S. Purdy, Jo Guildi, Jairus Grove, Robert Paarlberg, Andreas Malm, David Keith, Anna Tsing, Ugo Mattei, Vandana Shiva, Paul Waldau, Roy Scranton
Faculty Scholarship
First came the insight that politics was not an outgrowth of organic hierarchy or divine ordination but instead an artifice – an architecture of power planned only by human beings. [...] was the recognition that economic order does not arise from providential design, natural rights to property and contract, or a grammar of cooperation inherent, like language, in the human mind. First is the Anthropocene condition: the massive increase in human impacts on everything from the upper atmosphere to the deep sea and the DNA of the world's species. [...] closely related, is the movement's interest not just in the …
The 2015 Paris Agreement On Climate Change: Significance And Implications For The Future, Hari Osofsky, Lisa Benjamin, Michael B. Gerrard, Jacqueline Peel, David Titley
The 2015 Paris Agreement On Climate Change: Significance And Implications For The Future, Hari Osofsky, Lisa Benjamin, Michael B. Gerrard, Jacqueline Peel, David Titley
Faculty Scholarship
On December 12, 2015, nearly 200 countries created a major new agreement on climate change, accompanied by national commitments to act. The Paris Agreement has rightly been celebrated as a breakthrough, but was unquestionably constrained by the need for compromise, and its details will continue to be developed at the international, national, and local levels. On January 9, 2016, a panel of expert commentators and delegation members from a variety of national jurisdictions convened at the annual American Association of Law Schools meeting to analyze the Paris Agreement; they considered how the agreement evolved from prior efforts, the structure of …