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Improving Climate Change Mitigation Analysis: A Framework For Examining Feasibility, Michael P. Vandenbergh, Kristian S. Nielsen, Et. Al.
Improving Climate Change Mitigation Analysis: A Framework For Examining Feasibility, Michael P. Vandenbergh, Kristian S. Nielsen, Et. Al.
Vanderbilt Law School Faculty Publications
Limiting global warming to 2`C or less compared with pre-industrial temperatures will require unprecedented rates of decarbonization globally. The scale and scope of transformational change required across sectors and actors in society raises critical questions of feasibility. Much of the literature on mitigation pathways addresses technological and economic aspects of feasibility, but overlooks the behavioral, cultural, and social factors that affect theoretical and practical mitigation pathways. We present a tripartite framework that ‘‘unpacks’’ the concept of mitigation pathways by distinguishing three factors that together determine actual mitigation: technical potential, initiative feasibility, and behavioral plasticity. The framework aims to integrate and …
Analysis Of Environmental Law Scholarship 2018-2019, Michael P. Vandenbergh, Courtney A. Tibbetts, Linda K. Breggin, Elizabeth A. Holden
Analysis Of Environmental Law Scholarship 2018-2019, Michael P. Vandenbergh, Courtney A. Tibbetts, Linda K. Breggin, Elizabeth A. Holden
Vanderbilt Law School Faculty Publications
The purpose of this article is to highlight the results of the ELPAR article selection process and to report on the environmental legal scholarship for the 2018-2019 academic year, including the number of environmental law articles published in general law reviews versus environmental law journals, and the topics covered in the articles. We also present the top 20 articles that met ELPAR's criteria of persuasiveness, impact, feasibility, and creativity, from which five articles were selected to republish in shortened form, some of them with commentaries from leading practitioners and policymakers. Thus, the goal of this article is to provide an …
What Happens When The Green New Deal Meets The Old Green Laws?, J. B. Ruhl, James Salzman
What Happens When The Green New Deal Meets The Old Green Laws?, J. B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
The multi-faceted infrastructure goals of the Green New Deal will be impossible to achieve in the desired time frames if the existing federal, state, and local siting and environmental protection statutory regimes are applied. Business, labor, property rights, environmental protection, and social justice interests will use them to grind the Green New Deal to a snail's pace. Using the renewable energy transition as the infrastructure case study, this Essay is a call to arms for the need to design New Green Laws for the Green New Deal. Part I briefly summarizes what we are learning about the pace and magnitude …
Introduction: Governing Wicked Problems, J. B. Ruhl, J. Salzman
Introduction: Governing Wicked Problems, J. B. Ruhl, J. Salzman
Vanderbilt Law School Faculty Publications
“Wicked problems.” It just says it all. Persistent social problems—poverty, food insecurity, climate change, drug addiction, pollution, and the list goes on—seem aptly condemned as wicked. But what makes them wicked, and what are we to do about them? The concept of wicked problems as something more than a generic description has its origins in the late 1960s. Professor Horst Rittel of the University of California, Berkeley, Architecture Department posed the term in a seminar to describe “that class of social system problems which are ill-formulated, where the information is confusing, where there are many clients and decision makers with …
Beyond Wickedness: Managing Complex Systems And Climate Change, Michael P. Vandenbergh, Jonathan M. Gilligan
Beyond Wickedness: Managing Complex Systems And Climate Change, Michael P. Vandenbergh, Jonathan M. Gilligan
Vanderbilt Law School Faculty Publications
This Article examines the argument that climate change is a "super wicked" problem. It concludes that the wicked problem concept is best viewed as a rhetorical device that served a valuable function in arguing against technocratic hubris in the early 1970s but is unhelpful and possibly counterproductive as a tool for modern climate policy analysis. Richard Lazarus improved on this analysis by emphasizing the urgency of a climate response in his characterization of the climate problem as "super wicked." We suggest another approach based on Charles Lindblom's "science of muddling through." The muddling through approach supports the rhetorical points for …