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Full-Text Articles in Law
Regulating Greenhouse Gas Emissions Under The Endangered Species Act, Eric Biber
Regulating Greenhouse Gas Emissions Under The Endangered Species Act, Eric Biber
Michigan Journal of Environmental & Administrative Law
Despite the devastating impact climate change will have on biodiversity, most legal scholars and policymakers are skeptical that the flagship statute for protecting biodiversity in the United States, the Endangered Species Act (ESA), should be deployed to regulate greenhouse gas emissions. This skepticism has been driven by the concern that using the ESA to regulate greenhouse gases could lead to administrative issues, legal chaos, and political backlash that might endanger the Act overall.
In this article, I draw on three different elements to argue that the ESA could plausibly be used to regulate greenhouse gases. Specifically, I draw on recent …
Why Stop Grazing The Climate Commons?, Brigham Daniels
Why Stop Grazing The Climate Commons?, Brigham Daniels
Michigan Journal of Environmental & Administrative Law
Many have argued that climate change is the textbook example of a tragedy of the commons. Assuming that is correct, to make headway on climate change, we would expect an enforceable agreement that provides for global collective action. The tragedy of the commons assumes that those who cut back when others do not are—to use the formal language of game theorists—suckers. So, the last thing we would expect is a surge of unilateral action. Contrary to theory, for the past decade, unilateral climate action has flourished among governments, businesses, other organizations, and individuals.
Is the number of climate suckers growing …