Blog - Page 20 of 22 - Initiative on Climate Risk and Resilience Law

Energy Regulation Federal Energy Regulation Journal Article State Energy Regulation

Reconstituting the Federalism Battle in Energy Transportation

This article explores federalism issues in energy transportation infrastructure, including pipelines and transmission lines, and evaluates reforms to approval processes for energy transport projects that can result in a more efficient process that leads to more rapid integration of new energy resources and technologies.

Alexandra Klass and Jim RossiSeptember 7, 2016

Energy Regulation Report Risk Management

Legal Tools for Climate Adaptation Advocacy: The Electric Grid and Its Regulators—FERC and State Public Utility Commissions

This paper discusses how climate change will impact operation of the electric grid. It also explores proposals for adaptation to climate change and opportunities for advocates to push for their adoption.

Payal Nanavati and Justin GundlachSeptember 1, 2016

Energy Regulation Federal Energy Regulation Journal Article State Energy Regulation

The Brave New Path of Energy Federalism

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

Agency Filing Energy Regulation State Energy Regulation

Direct Testimony of Professor Michael B. Gerrard on Behalf of Pace Energy and Climate Center

This testimony of Michael B. Gerrard urges the New York Public Service Commission to require Consolidated Edison to perform the Climate Change Vulnerability Study endorsed by the Commission in its 2014 order.

Michael GerrardMay 27, 2016

Report Risk Management

Local Law Provisions for Climate Change Adaptation

This paper compiles existing and suggested local law provisions that reflect diverse approaches to adaptation to climate-enhanced flood risk.

P. Dane Warren and Justin GundlachMay 1, 2016

Report Risk Management

Sea-Level Rise and Changing Times for Florida Local Governments

The legal environment for local government in Florida is beginning to change when it comes to sea-level rise (sometimes referred to as SLR). Innovations in institutional structure and governance strategies are underway in the State as well. This paper reviews three recent developments, which relate primarily to comprehensive planning in…

David MarkellApril 1, 2016

Journal Article Risk Management

Integrating Climate Change Resilience into HUD’s Disaster Recovery Program

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

Journal Article

Penn Central Take Two

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

Journal Article Risk Management

Potential Liability of Governments for Failure to Prepare for Climate Change

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

Adaptation as Risk Management Environmental Justice Report Risk Management

Heat in US Prisons and Jails: Corrections and the Challenge of Climate Change

"The implications of climate change for corrections have been largely disregarded by both correctional administrators and public officials working on climate adaptation policy. This paper begins the process of connecting the discussions of climate policy and correctional policy. It provides an overview of the correctional sector and its specific vulnerabilities…

Daniel HoltAugust 1, 2015

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