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AB 1054: Electric Utility Wildfire Liability Reform in California, Vol. 49, No. 11, the Environmental Law Reporter (2019)

Winner of the Best Article of the Year   As climate change worsens, so does the risk of wildfires. This is especially so in already hot, dry areas such as the western United States. Adding to this problem is the rapid growth of the wildland-urban interface (WUI). As more and more houses are built in …

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Post-Jesner Climate Change Litigation under the Alien Tort Statute, 44 Colum. J. Envtl. L. 395

Climate change is as vexing a problem as ever. Around the world, plaintiffs are taking steps to fight climate change through lawsuits against both governments and corporate entities, among other steps. At times, such lawsuits may seem somewhat tenuous, but litigation spurs progress. Actions to stem the dangers of climate change need to be taken …

Post-Jesner Climate Change Litigation under the Alien Tort Statute, 44 Colum. J. Envtl. L. 395 Read More »

See You in Court: Around the World in Eight Climate Change Lawsuits, 42 Wm. & Mary Envtl. L. & Pol’y Rev. 525

Climate change action is proving to be the political, diplomatic, and legal rollercoaster of our time. Just as the Paris Agreement got adopted by almost every single nation in the world and was hailed as the most promising international environmental law development for years, if not ever, the incoming Trump administration announced its intent to …

See You in Court: Around the World in Eight Climate Change Lawsuits, 42 Wm. & Mary Envtl. L. & Pol’y Rev. 525 Read More »

Trophy Hunting–A Relic of the Past, 42 J. Envtl. L. & Litig. 525

It seems so obvious: you don’t save rare animals by shooting them. Yet, trophy hunters stubbornly argue that this is just the case. They claim that their hunts help raise awareness about species extinction and that the money they pay for the hunts helps conservation efforts and contributes to local economies. Conservationists point out that …

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Rethinking Force Majeure in Public International Law, 37 Pace L. Rev. 455

Climate change is one of today’s most significant and complex problems. The number and level of severity of extreme weather events is increasing rapidly around the world. One year after the next, we learn that heat records have been broken once again. Climate change has been traced to a wide range of severe problems around …

Rethinking Force Majeure in Public International Law, 37 Pace L. Rev. 455 Read More »

An “Act of God”?: Rethinking Contractual Impracticability in an Era of Anthropogenic Climate Change, 67 Hastings L. J. 1551

“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may be exculpated from contractual liability if supervening events …

An “Act of God”?: Rethinking Contractual Impracticability in an Era of Anthropogenic Climate Change, 67 Hastings L. J. 1551 Read More »

Trophy Hunting Contracts—Unenforceable for Reasons of Public Policy, 41 Colum. J. Envtl. L. 395

In “trophy hunting” agreements, wealthy individuals, typically from the Global North, pay locals such as guides or landowners, typically in the Global South, to assist with the planned hunt of rare — if not outright threatened or endangered — species such as lions, polar bears, black rhinoceroses, and giraffes for a fee as a private …

Trophy Hunting Contracts—Unenforceable for Reasons of Public Policy, 41 Colum. J. Envtl. L. 395 Read More »

Rethinking Fuerza Mayor in a World of Anthropogenic Climate Change, 42 Derecho & Sociedad 45

This article addresses the question of whether extreme weather events should form the basis for individuals or even the States, may be exempted from complying with its legal obligations. The old, but still very viable institution of force majeure can empower both companies and nations to absolve themselves of their responsibilities and duties. However, in …

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Narrowed Constellations in a Supranational Climate Change Regime Complex: The “Magic Number” Is Three, 37 Fordham Int’l L.J. 373

The world needs a supranational-level solution to climate change within very few years. Nonetheless, much existing scholarship almost stubbornly continues to promote solutions that are still too broad to be viable within a realistic timeframe. This article breaks with these theories and posits that effective climate change action can be instigated by a much lower …

Narrowed Constellations in a Supranational Climate Change Regime Complex: The “Magic Number” Is Three, 37 Fordham Int’l L.J. 373 Read More »