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…
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…
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.
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…
"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…
"The federal government has attempted to address flooding through an insurance program aimed at effectively providing relief to those whose property is damaged by flooding and at incentivizing sound risk management. However, the federal insurance program subsidizes flood insurance premiums, and, therefore, does not require property owners to internalize the…
This article explores how governments and investors can use financial disclosure as a tool to incentivize or pressure publicly traded companies to undertake climate change adaptation measures. The article explains why financial disclosure is a powerful tool, describes the relevant regulatory schemes, and outlines both regulatory or enforcement and market-based…
These comments discuss the Council on Environmental Quality's proposed guidance on the consideration of greenhouse gas emissions and effects of climate change in NEPA reviews. The comments argue that agencies should be required to consider the effects of climate change on the environmental consequences of proposed actions.