This article explains the efficacy of private environmental governance efforts as a gap filling tool for government regulatory regimes.
Michael Vandenbergh, Jim Rossi and Ian FaucherJune 10, 2020
The number of plaintiffs taking energy firms to court for ignoring climate-related risks is growing. By revealing how the sector is not prepared—and not preparing—for what is coming, their cases are pressing the energy sector to treat those risks as a cost of doing business.
Justin GundlachFebruary 17, 2020
This article assesses how the Green New Deal, and particularly renewable energy, will fare under current siting and environmental protection statutory regimes and concludes that for the Green New Deal to success in its renewable energy and infrastructure goals, these regulatory regimes will need to tolerate more streamlined, top-down, preemptive…
J.B. Ruhl and James SalzmanFebruary 4, 2020
This Article provides a comprehensive survey of the roles attribution science plays in climate change law and litigation.
Michael Burger, Jessica Wentz and Radley HortonFebruary 2, 2020
This article reviews private governance initiatives, outlines the prospects of the framework for understanding and guiding private governance and identifies future research priorities for applying this framework
Jonathan Gilligan and Michael BurgerFebruary 1, 2020
This article discusses the integration of an ecosystem services framework into land use and environmental governance and outlines general principles and guidelines for local policy.
J.B. RuhlJanuary 1, 2020
This article proposes a private standards and certification system to induce media firms to provide more complete and accurate information, which would use a new private fairness doctrine to replace the standard repealed by the FCC, and would bolster the social checks and balances that support the processes of democratic…
Michael VandenberghDecember 6, 2019
This book chapter synthesizes the body of work using complexity science—the study of complex adaptive systems—to explore the theoretical and empirical bases for thinking of legal systems as complex adaptive systems.
J.B. Ruhl and Daniel KatzDecember 2, 2019
This article discusses the problem of cascade failures and how to control them, and the particular governance challenges for strategies to control such failures in the context of large scale social-ecological-technological systems.
J.B. RuhlOctober 18, 2019
This article traces the policy evolution that embedded consideration of ecosystem services in lands management, assesses why and how that happened and what it means for the future of lands management, and argues that land management agencies' emphasis on the flow of ecosystem services from public lands to off-site human…
J.B. Ruhl and James SalzmanOctober 17, 2019