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Longstanding Duties & Obligations

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.
February 5, 2016
ReportRisk 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…
July 1, 2015
Agency FilingRisk 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Comments on the CEQ’s Revised Draft Guidance on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in NEPA Reviews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.
March 24, 2015