Blog - Page 18 of 22 - Initiative on Climate Risk and Resilience Law

Adaptation as Risk Management Energy Regulation Federal Energy Regulation Journal Article Risk Management State Energy Regulation

Microgrids and Resilience to Climate-Driven Impacts on Public Health

This article examines how the definitions of resilience adopted by the public health and electricity communities can, but do not necessarily, converge in responses to electricity outages so severe that they affect the operation of critical infrastructure, such as wastewater treatment and drinking water facilities, hospitals, and cooling centers. The…

Justin GundlachFebruary 1, 2018

Adaptation as Risk Management Journal Article Risk Management

Transforming (Perceived) Rigidity in Environmental Law through Adaptive Governance: A Case of Endangered Species Act Implementation

This article identifies barriers to an integrated approach to the ESA's Section 7 Consultation requirement and characterizes a set of strategies for overcoming its rigidity that may have broader applicability.

J.B. Ruhl and OthersDecember 1, 2017

Private Governance Risk Management Textbook

Beyond Politics: The Private Governance Response to Climate Change

Starting with the insight that much of the resistance to climate mitigation is grounded in concern about the role of government, this book draws on law, policy, social science, and climate science to demonstrate how private initiatives are already bypassing government inaction in the U.S. and around the world and…

Michael Vandenbergh and Jonathan GilliganDecember 1, 2017

Adaptation as Risk Management Essay Risk 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. RuhlNovember 17, 2017

Journal Article Private Governance Risk Management

The Role of Individual and Household Behavior in Decarbonization

This article argues that household behavior matters for deep decarbonization and laws, policies, and programs that target behavioral change can be employed to facilitate decarbonization

Michael Vandenbergh and Paul SternNovember 1, 2017

Essay Private Governance Risk 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 RakerSeptember 1, 2017

Energy Regulation Federal Energy Regulation Journal Article State Energy Regulation

Prospective Grandfathering: Anticipating the Energy Transition Problem

This article identifies tools available to the government ex ante that will preserve regulatory flexibility in the future by forestalling regulatory takings claims and blunt the fairness concerns that fuel takings arguments, and argues for their adoption in the context of natural gas regulation.

Christopher Serkin and Michael VandenberghAugust 22, 2017

Book Chapter Private Governance Risk Management

Doing the Wrong Things for the Right Reasons: How Environmental Fallacies Affect Environmental Behavior

This book chapter examines how people's common misperceptions of the environmental impact of energy and water use behaviors influence behavioral choices and environmental outcomes, concluding that correcting these misperceptions could be an integral part of a successful strategy to reduce consumption.

Alexander Maki, Amanda Carrico and Michael VandenberghAugust 1, 2017

Adaptation as Risk Management Journal Article Risk Management

A Proposal for Amending Administrative Law to Facilitate Adaptive Management

This article examines how federal agencies use adaptive management, proposes changes to administrative law to allow it to adapt to adaptive management, and provides draft legislation to incorporate adaptive management.

J.B. Ruhl, Robin Kundis Craig, Eleanor Brown and Byron WilliamsJuly 10, 2017

Blog/News Article Private Governance Risk Management

Government Action Isn’t Enough for Climate Change. The Private Sector Can Cut Billions of Tons of Carbon

This article argues that to meet Paris goals, more than just government action will be needed because of the "Paris gap," the difference between the goals of Paris and what the agreement will actually achieve over the next decade, and so private actors will need to take action as well.

Michael VandenberghJune 21, 2017

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