Public Comments to APA "Informal" Section 553 Rule-making are potentially very important instruments in shaping law and regulation, particularly in environmental law. However, there have been relatively few articles discussing how one should craft these comments, given the legal environment...

The scope of climate change impacts is expected to be extraordinary, touching every ecosystem on the planet and affecting human interactions with the natural and built environment. From increased surface and water temperatures to sea level rise and more frequent extreme weather events, climate...

This Essay suggests that policy responses in climate change adaptation must be addressed and that focusing on adapting laws may be a good way to undertake this work. Following a review of existing scholarship and normative theories concerning law generally, environmental law, climate change, and...

This article explores how deeply held philosophies and environmental risk allocation are "real" values in terms of enivronmental impacts, and as such should be considered under NEPA. If this were the case, this would make the operation of NEPA more transparent and efficient

It is almost certain that the US Congress is going to pass some kind of comprehensive climate change legislation that in some fashion will have mandatory limits or costs for the production of Carbon Dioxide. How this legislation is constructed will have enormous impacts on the economy and the...

This Article responds to Professor J.B. Ruhl’s article, Climate Change Winners and Losers. It agrees with the need to recognize the “climate change winners” perception phenomenon, but maintains that Professor Ruhl’s argument both makes too much of it and too little. In particular, this...

Why has environmental enforcement waned as environmental harms continue to grow bigger? This article, part of a symposium on enforcement of laws in the environmental and financial sectors, posits that a change in perceived immediacy of environmental harm, coupled with a change in communitarian...

Environmental Law is Becoming More Complex because the executive branch continues to stretch existing environmental laws to accommodate new policies. Without Congressional intervention to craft tailored laws, we run the risk of our environmental administration becoming so complex that it makes...

In determining whether a federal climate change law should pre-empt state laws in the area, it is helpful to examine the reasons for pre-emption in the environmental context. This examination of when pre-emption is warranted would indicate that in most instances, federal climate change...

This volume of Energy Transition Governance Research Materials (ERM) is part of legal research on energy transition. It displays a series of legal and policy instruments susceptible to sustain research on the subject matter. First, the ERM focuses on international instruments, a wide array from...