Climate Science in the Courts: A Review of U.S. and International Judicial Pronouncements
Author
Maria L. Banda
Date Released
April 2020
Climate Science in the Courts: A Review of U.S. and International Judicial Prono

Climate change has been the subject of considerable political controversy in the United States, and climate skepticism—or doubts about the basics of climate science—have not been uncommon in the public debate. At the same time, U.S. courts in several recent high-profile cases, including Juliana v. United States and City of Oakland v.

Green Infrastructure for Chesapeake Stormwater Management: Legal Tools for Climate Resilient Siting
Author
Cynthia R. Harris & James McElfish
Date Released
August 2017
Green Infrastructure for Chesapeake Stormwater Management: Legal Tools for Clima

One of the greatest impacts of climate change on the Chesapeake Bay watershed will be stormwater management. The Chesapeake region is in the position to take national leadership on the issue of climate change impacts to our vulnerable coastal communities. Rather than resorting to retreat, or relying on conventional stormwater strategies already proving ineffective, the people of Maryland and Virginia have an opportunity to demonstrate their resiliency in the face of change.

Legal Risk Analysis for Sea Level Rise Adaptation Strategies in San Diego: Executive Summary
Author
David Roche, Teresa Chan, Rebecca Kihslinger
Date Released
June 2017
Legal Risk Analysis for Sea Level Rise Adaptation Strategies in San Diego: Execu

Sea level rise raises significant legal questions for local governments, especially in California. On the one hand, taking action could decrease risk to the community, but increase litigation risk from aggrieved property owners or public interest groups, depending on the nature of the action. On the other hand, a local government could decide not to act, exposing people and infrastructure to excess risk, while potentially exposing itself to litigation if the lack of action causes harm to individuals or public trust property. Risk is thus unavoidable.

Legal Risk Analysis for Sea Level Rise Adaptation Strategies in San Diego
Author
David Roche, Teresa Chan, Rebecca Kihslinger
Date Released
June 2017
Legal Risk Analysis for Sea Level Rise Adaptation Strategies in San Diego

Adapting to sea level rise raises significant legal questions for local governments, especially in California. On the one hand, taking action could decrease risk to the community, but increase litigation risk from aggrieved property owners or public interest groups, depending on the nature of the action. On the other hand, a local government could decide not to act, exposing people and infrastructure to excess risk, while potentially exposing itself to litigation if the lack of action causes harm to individuals or public trust property. Risk is thus unavoidable.

Developing Wetland Restoration Priorities for Climate Risk Reduction and Resilience in the MARCO Region
Author
James McElfish, Rebecca Kihslinger and Jessye Waxman
Date Released
December 2016
Developing Wetland Restoration Priorities for Climate Risk Reduction and Resilie

Working with New York, New Jersey, Delaware, Maryland, and Virginia — the five members of the Mid-Atlantic Regional Council on the Ocean (MARCO) — the Environmental Law Institute prepared a detailed assessment of methods to identify, conserve, and restore wetlands for protection of communities and ecosystems in the face of rapid climate change. ELI in collaboration with an expert panel designed an approach that can accommodate continuous improvement by resource managers, legislators, and policy makers. The approach relies on:

Rethinking Sustainability to Meet the Climate Change Challenge

Has the concept of sustainability as we know it reached the end of its useful life? It is a term that means many things to many people, but it has been a positive driving force across all levels of society in a broad-based effort—either through laws and treaties or voluntary action—to keep our planet and our people healthy. But none of those efforts have managed to prevent climate change.

Estimating U.S. Government Subsidies to Energy Sources: 2002-2008
Author
Adenike Adeyeye, James Barrett, Jordan Diamond, Lisa Goldman, John Pendergrass, and Daniel Schramm
Date Released
September 2009
Estimating U.S. Government Subsidies to Energy Sources: 2002-2008

The largest U.S subsidies to fossil fuels are attributed to tax breaks that aid foreign oil production, according to research released by ELI. The study, which reviewed fossil fuel and energy subsidies for Fiscal Years 2002-2008, reveals that the lion’s share of energy subsidies supported energy sources that emit high levels of greenhouse gases. Fossil fuels benefited from approximately $72 billion over the seven-year period, while subsidies for renewable fuels totaled only $29 billion.

Effects of Climate Change on Aquatic Invasive Species and Implications for Management and Research
Author
ELI and U.S. EPA
Date Released
February 2008
Effects of Climate Change on Aquatic Invasive Species and Implications for Manag

This ELI-authored EPA report considers the interactions of climate change and aquatic invasive species (AIS). It analyzes the existing scientific literature on the effects climate change will have on AIS and considers provisions for adaptation to changing conditions in existing state AIS management plans. Based on this analysis, ELI offers five recommendations for states to maintain and improve state AIS management programs and activities in a changing climate.