This article explores how recent Supreme Court decisions limit dual sovereignty’s role as the organizing federalism principle under energy statutes.
Jim RossiJuly 7, 2016
This paper argues that the U.S. Department of Housing and Urban Development (HUD) has not adequately integrated climate change resilience considerations into its approval of projects seeking Community Development Block Grant Disaster Recovery (CDBG-DR) funds. It argues that the statutes under which HUD carries out its CDBG-DR program provide ample…
Justin Gundlach and Channing JonesApril 1, 2016
This article examines regulatory property, like pollution credits, and the complicated trade-offs raised between the need for stability in property-based entitlements and policy flexibility in governance, arguing that the creation of regulatory property should not prevent policy changes far into the future.
Christopher SerkinFebruary 5, 2016
This paper examines whether governments can expose themselves to potential legal liability by turning a blind eye to the accumulating risks of climate change. Specifically, the paper addresses potential claims sounding in negligence, fraud, and takings, describing the benefits and challenges of each theory. The paper explores ways to overcome…
Jennifer KleinAugust 1, 2015
This article discusses the New York Public Service Commission's decision to approve a settlement requiring Con Edison to implement state-of-the-art measures to plan for and protect its electric, gas, and steam systems from the effects of climate change.
Christine Fazio and Ethan StrellFebruary 27, 2014