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Essay

Adaptation as Risk ManagementEssayRisk Management

What is Habitat?

This essay explains the Supreme Court decision requiring agency to determine if an area is a species' "habitat" before it can be designated as critical habitat under the ESA and provides suggestions for how to define habitat, which is not done by statute or regulation.
J.B. Ruhl
J.B. RuhlAugust 17, 2019
Essay

Why Environmental Zero-Sum Games are Real

This essay discusses ways to respond to zero-sum thinking, in which local communities face economic hardship from the demand to reduce environmental impacts for the benefit of the greater good.
J.B. Ruhl and James Salzman
J.B. Ruhl and James SalzmanJune 10, 2019
Adaptation as Risk ManagementEssayRisk Management

Environmental Law at the Borders

This essay discusses how NEPA, the ESA and other procedrual environmental laws have become inapplicable "at the borders" by recounting the legal context of the Keystone pipeline and border wall.
J.B. Ruhl
J.B. RuhlNovember 17, 2017
EssayPrivate GovernanceRisk Management

Private Governance and the New Private Advocacy

This article argues that an exclusive focus on public governance and advocacy will miss opportunities to affect large aspects of the modern regulatory landscape and suggests that private advocacy and private governance will play a growing role in environmental law and policy as the federal role in environmental protection shrinks.
Michael Vandenbergh and Ben Raker
Michael Vandenbergh and Ben RakerSeptember 1, 2017

Explore Resources

  • The Fiduciary Duty of Directors to Manage Climate Risk: An Expansion of Corporate Liability Through Litigation?
  • Comments to the FAR on the Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk
  • Comments to the Federal Reserve on Principles for Climate-Related Financial Risk Management for Large Financial Institutions

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Contact

For media inquiries contact:

Sharyn Stein
T: 202-905-5718
E: sstein@edf.org

Derek Sylvan
T: 614-638-8282
E: derek.sylvan@nyu.edu

Tiffany Challe
T: 212-854-0594
E: tc2868@columbia.edu

This website contains materials which reflect views of specific authors and/or institutions. Materials provided here do not necessarily reflect the view of participating institutions. Materials provided through the Initiative are provided for information purposes only and do not constitute legal advice. Transmission of materials is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. No party should act or rely on any information contained in website materials without first seeking the advice of an attorney.

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