Academic journal article Environmental Law

Toolkit for Integrating Climate Change into Ten High-Enrollment Law School Courses

Academic journal article Environmental Law

Toolkit for Integrating Climate Change into Ten High-Enrollment Law School Courses

Article excerpt

I.    INTRODUCTION                                              515 II.   REASONS FOR INTEGRATING CLIMATE CHANGE INTO THE       CURRICULUM OF MANY LAW COURSES                            516 III.  CLIMATE-RELATED CASES AND OTHER MATERIALS FOR TEN       MAJOR LAW SCHOOL COURSES                                  522       A. Contracts                                              523          1. Contracts Case Involving New State Law Limiting             Emissions and Pricing Allowances                    524          2. Contracts Case Involving New Municipal             Ordinance that Restricted Use of Property in             Transporting Fossil Fuels                           527       B. Property                                               531          1. Property Boundaries Cases in Eroding Coastal             Areas          2. Takings Easement Case from Flooding Along             Government-Built Channel                            536       C. Torts                                                  540          1. New York City Claims Against Fossil Fuels             Companies for Nuisance and Trespass                 540       D. Civil Procedure                                        545          1. Summary Judgment                                    545          2. Declaratory Relief, Judgment on the Pleadings,             and Appellate Review                                547          3. Removal of State Law Claims to Federal Courts       548       E. Constitutional                                         550          1. Fundamental Rights                                  551          2. Dormant Commerce Clause Issues for State             Programs                                            555       F. Business Associations and Securities                   557          1. Federal Securities Guidance                         558          2. State Securities Actions                            560       G. Tax                                                    562          1. Carbon Taxes                                        563          2. Fee Not Treated as Tax                              566       H. Administrative                                         568          1. Standing/Statutory Interpretation/Judicial Review   568          2. Statutory Displacement of Federal Common Law        571          3. Cost/Benefit Analysis Reflecting GHG Emissions      572       I. Land Use Planning                                      574          1. Zoning for Wind and Solar Farms                     574          2. Assessing Projects' GHG Emissions in Permitting     575       J. International Law                                      578          1. Process for Joining and Withdrawing                 579          2. Nationally Determined Contributions                 580          3. Green Climate Fund                                  580          4. Technology Transfer                                 581 IV.   ACTIONS FOR ENVIRONMENTAL LAW PROFESSORS AND       PRACTITIONERS TO MOVE FORWARD ON INTEGRATING       CLIMATE CASES INTO COURSES                                584 V.    CONCLUSION                                                586 

I. INTRODUCTION

The American Bar Association (ABA) in 2003 recognized that addressing climate change (1) and other sustainable development (2) challenges requires understanding, developing, and applying legal mechanisms that are cross-functional and integrate a variety of legal specialties. (3) A 2015 report by an ABA task force observed that sustainability "is a growing part of law practice... in virtually every practice area" that "involves a wide range of knowledge and skills." (4) By 2019, climate change impacts, mitigation actions, and adaptation programs pervaded many areas of legal practice. Effective lawyering requires understanding threats from changing environmental conditions and laws, navigating complex regulatory mechanisms, developing innovative transactions and litigations, guiding corporations in considering and disclosing climate-related measures and risks, planning land uses for resiliency and lower emissions, and other activities demanding knowledge and skills absent from most law courses. …

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