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Showing 324 results

Karen Sokol | March 16, 2020

Trump’s Bungling of Coronavirus Response Mirrors His Approach to Climate Crisis

"This report is a catalogue of weather in 2019 made more extreme by climate change, and the human misery that went with it." That is the statement of Brian Hoskins, chair of Imperial College in London's Grantham Institute for Climate Change, about the recently released State of the Climate in 2019 by the World Meteorological Organization (WMO). Like the Intergovernmental Panel on Climate Change (IPCC), the WMO compiles information from scientists all over the world that has been a key driver of international climate law and policymaking. One of the IPCC's reports was similarly dire to that of the WMO's, but not without hope.

Christine Klein, Sandra Zellmer | March 11, 2020

Still Flooding After All These Years

The flood season is upon us once again. Beginning in February, parts of Mississippi and Tennessee were deluged by floods described as "historic," "unprecedented," even "Shakespearean." At the same time, Midwestern farmers are still reeling from the torrential rains of 2019 that destroyed billions of dollars' worth of crops and equipment, while wondering whether their water-ravaged farmland can ever be put back into production. All this while the Houston area continues to recover from three so-called "500-year floods" in as many years, back-to-back in 2015, 2016, and, most notably, Hurricane Harvey in 2017.

John Leshy | March 5, 2020

Secretary Bernhardt Says He Doesn’t Have a Duty to Fight Climate Change. He’s Wrong.

With the help of the U.S. Congress, the U.S. Department of the Interior (DOI) has had a long and proud history of tackling pressing challenges through responsible and inclusive management of America's public lands. One might expect it would continue that tradition as climate change has become a major challenge confronting the nation. Not so. In fact, Secretary of the Interior David Bernhardt has been doing more than any of his predecessors to promote fossil fuel development on America's public lands, all the while dancing around the issue of whether he has an obligation, or even the legal authority, to address climate change.

Matt Shudtz | March 5, 2020

How Can Legal and Regulatory Enforcement Help Communities at Risk from the Climate Crisis?

From the farm fields of California to the low-lying neighborhoods along the shores of the Chesapeake Bay, structural racism and legally sanctioned inequities are combining with the effects of the climate crisis to put people in danger. The danger is manifest in heat stroke suffered by migrant farmworkers and failing sewer systems that back up into homes in formerly redlined neighborhoods. Fortunately, public interest attorneys across the country are attuned to these problems and are finding ways to use the law to force employers and polluters to adapt to the realities of the climate crisis.

Karen Sokol | March 2, 2020

The Problem with the Climate Leadership Council’s Carbon Tax Plan

Earlier this year, on the heels of the Earth's hottest decade on record, a coalition of former government officials, fossil fuel companies, car manufacturers, financial companies, and nonprofit organizations renewed their endorsement of a national carbon tax as "the most effective climate solution" (emphasis added). And by "the," it appears that they mean "the only." The catch is that the coalition's legislative plan also calls for preventing the federal government from regulating carbon emissions and from taking any other protective measures "that are no longer necessary upon the enactment of a rising carbon fee." Given the scale and complexity of the planetary emergency that we face, it would certainly be nice if the solution were that simple. But that, of course, is too good to be true.

Matthew Freeman | February 12, 2020

Connecting the Dots Between Rulings on Climate Change and School Busing

When I was a 7th grader living in a Maryland suburb of Washington, D.C., my school system was one of many around the nation to launch a program of school busing to desegregate its schools. After 18 years, the 1954 decision in Brown v. Board of Education finally traveled a handful of miles down the road from the Supreme Court and arrived in Prince George’s County, Maryland. I was reminded of that as I listened to the latest episode of Connect the Dots, CPR’s podcast hosted by Rob Verchick, on the Juliana v. United States case

Karen Sokol | January 28, 2020

Despite Recent Setbacks, Juliana and Other Climate Suits Deserve their Day in Court

On January 17, a panel of the Ninth Circuit Court of Appeals issued a much-awaited decision dismissing Juliana v. United States, a climate case that gained more traction in the courts than anyone had expected, given, as U.S. District Court Judge Ann Aiken stated in her opinion denying the motions to dismiss in the case, it was "no ordinary lawsuit."

Joel A. Mintz | January 27, 2020

Climate Chaos and the Courts: Disappointment (Despite Some Encouragement) in Juliana v. United States

From time to time, a judicial decision from a federal court has the potential to have a profound impact on American society and government policy. Such a case is Juliana v. United States, in which a group of 21 young people, together with an environmental organization and "a representative of future generations," brought suit against numerous federal agencies and officials seeking a judicially mandated plan to phase out fossil fuel emissions and a drawdown of excess atmospheric carbon.

Victor Flatt | January 15, 2020

CPR Member Scholar Flatt Launches Important Discussion on Legal Ethics and Climate

It's not just wildfires in Australia or our rapidly warming oceans (to the tune of five Hiroshima bombs every second). Climate change affects every aspect of our world, and it's forcing us reevaluate all of the human institutions we've built up over years, decades, and centuries. One such institution that CPR Member Scholar Victor Flatt has begun investigating is the legal profession itself.