Blog - Page 21 of 22 - Initiative on Climate Risk and Resilience Law

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

Report Risk Management

Legal Tools for Climate Adaptation Advocacy: Flood Insurance

"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…

Matt SienkiewiczJuly 1, 2015

Financial Disclosure Financial Regulation Report

Legal Tools for Climate Adaptation Advocacy: Securities Law

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…

Nina HartMay 1, 2015

Agency Filing Risk Management

Comments on the CEQ’s Revised Draft Guidance on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in NEPA Reviews

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.

Michael Gerrard and Jessica WentzMarch 24, 2015

Report Risk Management

Legal Tools for Climate Adaptation Advocacy: NEPA

This paper discusses the legal authority for using the National Environmental Policy Act and similar state laws to address climate change adaptation, and explains how citizens can use these laws to encourage agencies and applicants to consider climate change impacts—both those caused by and those affecting a proposed project.

Jennifer Klein and Ethan StrellMarch 1, 2015

Agency Filing Energy Regulation State Energy Regulation

Comments on the New York State Department of Public Service’s Long Island Utility 2.0 Plan

These comments discuss the storm hardening and resiliency initiatives set out in PSEG Long Island's Utility 2.0 Plan.

Jennifer KleinNovember 11, 2014

Financial Regulation Report

Climate Change Securities Disclosures in Australia

This working paper looks at the extent to which current securities filings regulations with the Australian securities authorities require (or alternatively, recommend) listed Australian Securities Exchange (ASX) entities to disclose climate change risks on the performance of a listed entity. The paper also reviews what in practice is being reported…

Amanda LiuMarch 1, 2014

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