In a blog post last month, I wrote about the growing interest in ocean-based carbon dioxide removal (CDR), and the complex legal issues it raises. Much of the legal complexity surrounding ocean CDR stems from the fact that the ocean is a shared resource in which all countries, both coastal […]
In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Results have been mixed in the lower courts, which, […]
The Infrastructure Investment and Jobs Act of 2021 directed the U.S. Department of Energy (DOE) to support the development of four regional “direct air capture hubs” (DAC Hubs)—networks that connect direct air capture projects with sequestration facilities and commercial users of captured carbon dioxide (CO2). To support these DAC Hubs, […]
By opening up new tax credits for tax-exempt entities, the Inflation Reduction Act (IRA) provides a vehicle to fund smart surface projects while increasing solar electricity generation. Smart surfaces are ones that combat the effects of excessive sunlight, rainfall, and heat, especially in the urban heat islands, that pose particular […]
The Inflation Reduction Act (IRA) is chock-full of tax incentives for climate and clean energy projects. This year, 2023, marks the first tax year in U.S. history during which entities that do not have federal tax liability – including local and state governments and agencies, nonprofit organizations, tribes and municipal […]
On September 29, 2023, a report titled “ITLOS Advisory Opinion on Climate Change: Summary of Briefs and Statements Submitted to the Tribunal” was published by the Sabin Center for Climate Change Law. This report offers an overview of the briefs and statements submitted to the International Tribunal for the Law […]
The Sabin Center wrapped up Climate Week NYC last Friday with an event exploring the opportunities and challenges posed by ocean-based carbon dioxide removal (CDR). As evidenced by the 150-plus people in attendance, ocean CDR is attracting growing attention as a possible climate change mitigation option. It is not hard […]
Today, the Sabin Center has published a best practices guide for negotiating and drafting Community Benefits Agreements (CBAs), as well as a database of 50 example CBAs from climate-related projects and other types of infrastructure. For background, CBAs are legally binding contracts between developers and host municipalities or community groups […]