A review of climate change regulation reveals three historical ages: the age of responsibility, the age of cost-effectiveness, and the age of litigation. The age of responsibility refers to the “common but differentiated responsibility” (CBDR) principle characterized by political...

The UN General Assembly has declared that we have just over a decade in which to act to limit greenhouse gas emissions so as to avert the worst effects of climate change.1 Yet, in the face of this looming crisis, state actors exhibit a shocking lack of ambition in their efforts to structure...

We have entered an interesting constitutional era, one in which a rising sea level will help to buoy a rising tide of climate litigation, the leading edge of which lies constitutional jurisprudence as applied to the political question doctrine, preemption, dormant commerce and compact clauses...

Climate litigation is a broad term that captures cases involving both conventional and novel causes of actions and remedies.This chapter focuses on cases seeking to force stronger actions by public and private entities to reduce carbon pollution of the atmosphere.The treatment is necessarily...