Climate Law Blog

By Michael B. Gerrard The constitutions of more than three-quarters of the countries on earth have explicit reference to environmental rights or responsibilities  In the last several years courts in the Netherlands, Germany, France, Australia, Pakistan, Nepal and Colombia have held that these provisions, or similar non-statutory doctrines, require national governments to act on climate […]

By Amy Turner Recent efforts by states to preempt local greenhouse gas or energy requirements have not only stymied climate action, they have also been wielded in an undemocratic way that undermines equity in climate policymaking. State preemption of local law is nothing new, but its impact on procedural equity and distributional equity in city […]

By Amy Turner This week, the Massachusetts State Legislature passed S.2995, An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy (the “Act”), which sets sweeping climate policy for the state, including greenhouse gas reduction targets of 50 percent by 2030, 75 percent by 2040 (both relative to 1990 levels), and net-zero by 2050, along […]

By Hillary Aidun On Wednesday, December 2, the Sabin Center filed comments with New York’s Office of Renewable Energy Siting (ORES) to support scaling up renewable energy capacity throughout the state. ORES was created pursuant to the Accelerated Renewable Energy Growth and Community Benefit Act, which was enacted in April to streamline the process for […]

By Christine Weniger In April 2019, both houses of the New York legislature voted to add a new section to New York’s constitutional Bill of Rights declaring: “ENVIRONMENTAL RIGHTS: EACH PERSON SHALL HAVE A RIGHT TO CLEAN AIR AND WATER, AND A HEALTHFUL ENVIRONMENT” (capitalization in original). If the amendment is passed by both houses […]

By Hillary Aidun and Daniel Metzger Americans of all walks of life are working together to slow the spread of COVID-19 by practicing social distancing. Public agencies are doing their part by closing offices to the public, canceling or postponing hearings, and shifting services and proceedings to virtual formats. In this post we look at […]

By Dena Adler Last month the Midwest faced historic floods that devastated rural communities, drowned farms, contaminated water supplies, and resulted in billions of dollars in damages. As climate change exacerbates the risk of these catastrophic flooding events in the Midwest and throughout the U.S., a growing number of citizens will need support rebuilding their […]

By Jessica Wentz On December 28, 2018, California adopted comprehensive amendments to the California Environmental Quality Act (CEQA) Guidelines, which include a suite of provisions aimed at improving the analysis of greenhouse gas (GHG) emissions and climate change impacts in state environmental reviews. These provisions touch on both climate change mitigation and adaptation, providing more […]

By Dena Adler New research from the Sabin Center for Climate Change Law and the Natural Resources Defense Council (NRDC) reveals that nearly half of states do not have regulatory or statutory requirements for sellers to disclose a property’s history of flood damages to a homebuyer. As a consequence, many homeowners may never learn their […]

By Michael Burger Climate change nuisance litigation is entering a new and dynamic phase. Tomorrow, Thursday, May 24, Judge William H. Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. BP P.L.C., a consolidated case in which Oakland and San Francisco […]