If one nation damages another, what are its obligations? This question can be approached and understood in diverse ways, but it is concretized in debates over the social cost of carbon, which is sometimes described as the linchpin of national climate policy. The social cost of carbon, meant to...

Domestic laws are the ideal legal instrument to regulate the mining sector’s contribution to climate change mitigation and adaptation. Even so, as a stop-gap-measure, governments may consider updating model mining development agreements (MMDAs) or negotiating climate­-related contractual...

This study examines national GHG inventories prepared by Australia, China, Germany, Japan, and the United States, and highlights how the inventories of different countries—though following the Intergovernmental Panel on Climate Change (IPCC) Guidelines for National Greenhouse Gas...

In its ideal form, arbitrariness review is an instrument for promoting “deliberative democracy” – a system that combines reason-giving with political accountability. Under arbitrariness review in its current form, courts tend to embrace the “hard look doctrine,” which has a procedural...

One of the first actions of the Environmental Protection Agency after the declaration of the COVID-19 crisis in mid-March 2020 was to announce that it would relax its enforcement policies with respect to environmental reporting and violations during the time of the pandemic. Ostensibly this was...

Despite the fact that “heavy skies” (gravioris caeli) have been identified and legally classified as a serious concern since ancient times, air pollution still leads to millions of avoidable deaths and significantly impacts the climate. Today more than ever, the protection of people and a...

Monopoly regulated utilities operate under a duty to serve - they must provide service on a non-discriminatory basis to all who request it within their state-sanctioned monopoly territory. As climate change alters the conditions of the natural world, utilities will find themselves in the...

The 2009 Africa Mining Vision (AMV) provides guidance for the industrialization of African countries by leveraging their mining sector. However, the global context has changed since its adoption. As a result, it does not include guidance on how governments should embrace the climate change...

This article suggests a novel concept in climate change law and attorney ethics law by proposing that many states’ attorney ethics laws could be interpreted to require, or at least permit, attorneys to disclose client activity relating to greenhouse gas emissions. Every state has some form of...

The Clean Air Act provides the primary regulatory framework for climate policy in the United States. Tradable performance standards (averaging) emerge as the likely tool to achieve flexibility in the regulation of existing stationary sources. This paper examines the relationship between...