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Full-Text Articles in Law
Climate Damages, Globalism, And Federal Regulation, Arthur Fraas, John D. Graham, Kerry Krutilla, Randall Lutter, Jason Shogren, W. Kip Viscusi
Climate Damages, Globalism, And Federal Regulation, Arthur Fraas, John D. Graham, Kerry Krutilla, Randall Lutter, Jason Shogren, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The U.S. Environmental Protection Agency recently proposed for public comment new higher estimates of damages from greenhouse gas (GHG) emissions. The estimates, called the social cost of carbon (SCC), are "the monetary value of the net harm to society of emitting a metric ton of carbon dioxide to the atmosphere in a given year." Ranging from $120 to $340 per metric ton of carbon dioxide (C02) emitted for 2020, these estimates represent harm to everyone on earth from a metric ton of C02 emissions, and therein lies a key issue. Recent administrations have split on whether the U.S. government should …
Forks In The Road, Michael P. Vandenbergh, J. M. Gilligan
Forks In The Road, Michael P. Vandenbergh, J. M. Gilligan
Vanderbilt Law School Faculty Publications
This Essay outlines a simple heuristic that will enable public and private policymakers to focus on the most important climate change mitigation strategies. Policymakers face a dizzying array of information, pressure from advocacy groups, and policy options, and it is easy to lose sight of the forest for the trees. Many policy options are attractive on the surface but either fail to meaningfully address the problem or are unlikely to be adopted in the foreseeable future. If policymakers make the right decision when confronting three essential choices or forks in the road, though, the result will be 60% to 70% …
Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J.B. Ruhl
Vanderbilt Law School Faculty Publications
No abstract provided.
Climate Change Adaptation And The Structural Transformation Of Environmental Law, J.B. Ruhl
Climate Change Adaptation And The Structural Transformation Of Environmental Law, J.B. Ruhl
Vanderbilt Law School Faculty Publications
The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation strategies designed to regulate sources of greenhouse gas emissions quickly snuffed out meaningful progress on the formulation of adaptation strategies designed to respond to the effects of climate change on humans and the environment. Only recently has this adaptation deficit become a concern now actively included in climate change policy debate. Previously treating talk of adaptation as taboo, the climate change policy world has …
The Roman Public Trust Doctrine--What Was It, And Does It Support An Atmospheric Trust?, J. B. Ruhl, Thomas A.J. Mcginn
The Roman Public Trust Doctrine--What Was It, And Does It Support An Atmospheric Trust?, J. B. Ruhl, Thomas A.J. Mcginn
Vanderbilt Law School Faculty Publications
Through building waves of legal scholarship and litigation, a group of legal academics and practitioners is advancing a theory of the public trust doctrine styled as the "atmospheric trust." The atmospheric trust would require the federal and state governments to regulate public and private actors to reduce greenhouse gas emissions to abate climate change. The traditional common law version of the American public trust doctrine requires that states owning title to lands submerged under navigable waters manage them in trust for the public to use for navigation, fishing, and commerce and that the states not alienate such resources to the …