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For the first time, the International Court of Justice (ICJ)—the world’s highest court—may be ruling on climatechange. When diplomacy needs backup, countries turn to resolve their disputes at the ICJ, the United Nations’ principal judicial organ, to set the tone for international law. What is an advisory opinion?
The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Courts occasional interventions. Any top ten list is a bit arbitrary.
Often described as a superfund for climate, these bills would require the oil and gas sector to pay into a fund to cover costs related to their emissions. This Climate Superfund Fund would be created in the State Treasury. Disadvantaged communities are hit first and worst by extreme weather events and climate-related disasters.
We had large waitlists from both law and college students. There have been over 80 Rights of Nature (RoN) laws passed across the U.S., In all, there have been over 500 RoN laws, cases, policies and declarations around the globe, and the numbers are increasing. One thing is for sure — there is huge student interest in the topic.
Fossil fuel companies are well established as founts of disinformation , agents of obstruction, and drivers of climatechange. Taken together, the need for governments to meaningfully regulate these super polluters has never been clearer. What role does science play in climate advisory opinions?
Someone asked me recently what I thought law schools should be teaching about climatechange. Naturally, my first reaction is that everyone everywhere needs to put climatechange at the top of their agenda. Law student interests aren’t entirely driven by career needs, however. Energy law is a prime example.
As the climate crisis deepens, so does the urgency to hold fossil fuel companies accountable for decades of deception. Merners research and expertise has informed climate litigation across the globe, as she connects legal teams with technical experts and leads trainings for scientists working at the intersection of climate science and law.
The foundational document of international human rights law is the 1948 Universal Declaration of Human Rights. But it is less often acknowledged in climate science and policy circles that cultural heritage is a human right vital for people’s sense of identity and wellbeing, and for the vitality, stability, and resilience of their communities.
The next week has the potential to bring important developments for international governance of marine carbon dioxide removal (CDR). The Intergovernmental Panel on ClimateChange has concluded that CDR will be needed, alongside deep emissions cuts, to limit global warming to 1.5 seaweed) for carbon storage.
It’s also one of the countries that’s least prepared to adapt to climatechange, which will be much worse by then. The Notre Dame Global Adaptation Initiative rankings show that Nigeria as the 17 th most vulnerable countries in the world to climatechange. ” Climatechange will only make things worse.
The timing of these climate disputes is not accidental. The movement follows a worldwide upsurge in climatechange-related cases, which have more than doubled since 2015. Treaties on environmental law are a type of human rights treaty, and, for that reason, enjoy supranational status. In Future Generations v. .”
So for my last ClimateLaw and Policy class at UCLA Law this semester, I once again asked my students to tell me what they are thinking about the future of climate policy in light of today’s global circumstances, keeping in mind lessons we’ve learned through the semester. Here’s to new voices and a new direction.
A Montana state district court has issued its long-awaited decision in a major climatechange case brought by Montana children against state officials. Judge Seeley did so after presiding over a two-week, non-jury trial in June 2023–the first such climatechange trial in U.S. In Held v. legal history.
In an earlier post, I tried to figure out when the legal academy first discovered climatechanges. Those first climatechange cases shed light on how new issues get litigated and how courts respond to new science. There were two cases where climatechange was a central issue: City of Los Angeles v.
Figure 1 from Milkoreit et al : A multi-phase framework for Earth System Tipping Point Governance Novel governance challenges Tipping processes present novel and serious governance challenges. Rather we need new interdisciplinary research programs focused specifically on tipping-point governance.
Even so, it compares favorably with the national governments in places like the U.S. A law on “green growth” requires carbon neutrality by 2050. Last year, South Korea strengthened its renewable portfolio standard to 25% renewables by 2034 The government hopes to reduce electricity consumption 14% by 2030. and Australia.
The summary for policymakers of the Intergovernmental Panel on ClimateChange (IPCC) sixth synthesis report was released on March 20th (available online as a PDF ). There is a recording of the IPCC Press Conference – ClimateChange 2023: Synthesis Report for those who are interested in watching an awkward release of the report.
On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on States obligations regarding climatechange. ii) Peoples and individuals of the present and future generations affected by the adverse effects of climatechange?
Monterey County Oil Field (credit: Monterey County Weekly) For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. Well, break’s over.
Energy law used to be an obscure niche subject. Energy law is a hot topic. Law students are thronging to the field, seeing an opportunity to combine social relevance with good-paying jobs. Top law schools are responding by competing for faculty. There are three interlinked reasons for the change. Climatechange.
As climatechange accelerates, California faces increasingly severe threats to its communities, economy, and environment. To address the growing risks of climatechange, California has developed a comprehensive adaptation and resilience framework.
There are many different ways that our global society has attempted to address environmental damage and climatechange. We fund climate technology startups. We elect representatives that keep the climate in mind. I was part of the UCLA Law student group, along with Hannah Reynolds (J.D. ‘26)
Eagle County , has important implications for issues such as whether NEPA covers climatechange impacts. In addition, the impact statement was governed by the 1970 version of NEPA and the 1978 White House NEPA regulations. The case, Seven County Infrastructure Coalition v. The facts are quite unusual.
Achieving climate goals requires significant investments in clean energy, transportation, and other climate technologies to reduce greenhouse gas emissions and remove carbon from the atmosphere.
The California ClimateChange Assessment is a key initiative to understand and address the state’s climate impacts and build resilience through informed decision-making. The survey closes on May 15, 2025.
The Michigan Public Service Commission is best known as the government body that decides whether gas and electric utilities can raise their rates. In an unusual move, the commission is also reviewing what keeping Line 5 operating means for climatechange. But, the commission has other duties. Will it damage the environment?
But the next phase of market-based programs for reducing GHG emissions raises significant questions for policymakers, from nitty-gritty design issues like measuring and reporting mechanisms to bigger picture concerns such as whether these systems can reduce pollution at the pace needed to meet climate goals. Stay tuned. Download as PDF.
This dire state of affairs is just one of the reasons why the Republic of Vanuatu and more than 100 other nations have drafted a resolution asking the International Court of Justice (ICJ) to issue an advisory opinion on climatechange. The Paris Agreement spells out a process by which nations try to prevent worsening climate damage.
Malaysia is at high risk from the effects of climatechange. To tackle the effects of climatechange, the Malaysian Ministry of Natural Resources and Environmental Sustainability (NRES) released a consultation paper in October 2024, proposing a ClimateChange Act ( Rang Undang-Undang Perubahan Iklim Negara , or RUUPIN).
Climatechange, one of the defining challenges of our time, demands multifaceted approaches to drive action and accountability. Two central players in this arena are climate litigators and United Nations (UN) climate negotiators.
The EU is transitioning away from gasoline vehicles because of their significant contribution to climatechange and adverse health impacts– transitioning to EVs offers an attractive solution. The EU battery law seeks to increase circularity through a plethora of measures that the US can replicate.
A key feature of the Earths climate system is that it is always trying to maintain equilibriumthat is, the energy coming into the planet must always equal the energy leaving the planet. Because the whole of the Earth’s climate system is subject to the laws of thermodynamics: energy in = energy out.
UN Photo/ICJ-CIJ/ Frank van Beek This blog post is Part 3 of a three-part series highlighting the main legal arguments presented during the hearings of the International Court of Justice (ICJ) on the request for an advisory opinion regarding the obligations of States with respect to climatechange.
New methane satellites provide a powerful data capability for governments who want to demonstrate leadership in climate policy. open-source data platforms and international collaborations will be essential in making integrated satellite monitoring a truly global tool for environmental governance.
Section 102(2)(C) requires the agency preparing an impact statement to obtain comments from any other agency that “has jurisdiction by law… with respect to any environmental impact involved.” Yet would anyone say that the government should therefore ignore the risk of a lab accident. It chose not to do so. Argument 3.
This law is a clear setback for open and accountable energy planning and will mean Ontarians are left in the dark about how critical decisions regarding our energy system are made. By concentrating this much power in the hands of one office, the province’s energy planning will happen in backrooms, likely to the benefit of government insiders.
Supreme Court in March 2025 ended a decade-old lawsuit filed by a group of children who sought to hold the federal government responsible for some of the consequences of climatechange.
Candidate in the Department of Political Science at Colorado State University Despite being one of the lowest contributors to greenhouse gas emissions that are causing climatechange, Africa has experienced widespread losses and damages attributed to human-induced climatechange. scientific knowledge.
Officials at the state and federal level have launched a full-court press against what the financial industry calls “environmental, social and governance” (ESG) investing. No surprise, the fossil fuel industry is a major sponsor of the Republican Attorneys General Association.). Below is an abridged version of our exchange.
Photo by Mathias Reding on Unsplash Climatechange litigation has finally reached the world’s highest court. On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climatechange.
The fossil fuel industry has known for decades that its products cause climatechang e Contrary to what the fossil fuel industry would like you to believe, the link between burning fossil fuels and climatechange has been well established for decades.
Louder calls to accelerate the energy transition, advances in climate litigation, and shareholder activism pushed many governments and financial institutions around the world to acknowledge the need for transparency regarding climate-related financial risk.
Focusing on their right to a safe environment as guaranteed by the state constitution, the plaintiffs argued that state laws permitting fossil fuel development without considering its effect on the climate exacerbates the crisis. A Montana judge declared those state laws unconstitutional. A new focus: Fossil fuel phaseout cases.
Security Council held that Iraq “is liable under international law for any direct loss, damage, including environmental damage and the depletion of natural resources, or injury to foreign Governments, nationals and corporations, as a result of Iraq’s unlawful invasion and occupation of Kuwait.
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