Leading climate scientists warn that Earth is in “imminent peril,” on the verge of runaway climate heating that will impose catastrophic conditions on generations to come. In the face of government recalcitrance this article proposes atmospheric trust litigation which would force carbon...

In November 2016, just two days after the election of President Donald Trump, the federal district court in Oregon handed down Juliana v. Obama, a remarkable decision that refused to dismiss a lawsuit brought by youth plaintiffs who claimed that federal government's fossil fuel policies over the...

This article examines the judicial role in the intensifying climate emergency. In the leading American climate case, Juliana v. United States, a Ninth Circuit panel recognized that the world is approaching “the ‘eve of destruction’” in which extreme climate disruption threatens to...

The legal “cornerstone” of federal Indian law is the federal trust obligation. The duty was formulated by courts long ago to protect native nations against federal actions that harm the retained tribal property and resources. Yet in recent years, courts have diminished the force of the...