Summer/Fall 2022 - A Summary of the Key Activities of the Sabin Center for Climate Change Law

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Summer / Fall 2022

A Summary of the Key Activities of the Sabin Center for Climate Change Law

Events 11

Publications 13

Media Mentions and Interviews 15

Awards and Recognition 16

Earth Institute and Columbia Climate School 18

About Us 19

Since its creation in 2009, the Sabin Center for Climate Change Law at Columbia Law School has been known as a center of expertise, providing timely information and resources on key topics and promoting advances in the interrelated fields of climate law, environmental regulation, energy regulation and natural resources law. The core mission of the Sabin Center is to develop and promulgate legal techniques to address climate change, and to train the next generation of lawyers who will be leaders in the field. The Center is both a partner to and a resource for public interest legal institutions engaged in climate change work, and is an affiliate of the Earth Institute and the Columbia Climate School. The Center’s activities are spearheaded by Michael Gerrard, Faculty Director and Andrew Sabin Professor of Professional Practice at Columbia Law School, and Michael Burger, Executive Director and Senior Research Scholar at Columbia Law School.

A Summary of the Key Activities of the
Center for Climate Change Law 1
Sabin
Contents Summary 2
Projects 3

Summary

The Sabin Center continues to conduct independent research to produce publications and useful resources; advances new techniques and direct engagement; and partners with agencies, NGOs, and the private sector to promote climate action. The Sabin Center also continues to track the BidenHarris administration’s efforts through our Climate Reregulation Tracker, alongside our numerous online resources and our Climate Law Blog. The Sabin Center is committed to mainstreaming our Diversity, Equity, Inclusion and Anti-Racism (DEIA) plan into all areas of our work.

Energy

2 Summer/Fall 2022
Law International & Foreign Law Cross-cutting Issues & Initiatives Environmental & Land Use Law

Projects

The Sabin Center currently focuses its work within four programmatic areas: Cross-cutting Issues & Initiatives, Energy Law, Environmental & Land Use Law, and International & Foreign Law. The Center’s thought leadership and direct engagement operate at the international, national, state and local levels.

Cross-cutting Issues & Initiatives

Climate change cuts across law and policy domains, engaging governments, courts, businesses, scientists and others in multiple and overlapping ways. Our current cross-cutting efforts track and assess climate litigation, provide legal pathways to deep decarbonization, engage with cities to find legal answers to questions raised by policy innovations, provide pro bono legal representation to supporters of utility-scale renewable energy projects, and stand up for climate science and environmental justice.

Climate Change Litigation

The Sabin Center tracks and analyzes U.S. and global climate change litigation and submits amicus briefs in certain cases.

Talks

• Michael Gerrard gave numerous talks about the Supreme Court’s decision in West Virginia v. EPA, including on the Climate Now podcast; on Meet the Press Now; on KCBS; to Jefferies Financial Group; to Pew Charitable Trust; to a Law Seminars International program; and to Columbia Law School’s SCOTUS roundup.

• Michael Gerrard gave numerous talks on climate litigation, including on statutory theories at Yale Law School’s Climate Change and Animal Agriculture Litigation Initiative Expert Workshop; at the Delaware Judicial Conference; at a virtual roundtable on “Recent Developments in Climate Law in the U.S.” held by the University of Wisconsin Law School; at a debate on “Climate Change in the Courts” sponsored by the Columbia Law

School branch of the Federalist Society; and on City and Financial Globe’s Climate Litigation and Activism Summit.

• Michael Burger spoke about climate litigation and corporate accountability at a judicial conference hosted by the Supreme People’s Court of the People’s Republic of China and at the Climate and Sustainability Stewardship Program, a joint initiative between Columbia Climate School and Boston Consulting Group. He also spoke about the policy relevance of domestic climate litigation at a virtual roundtable hosted by the Brookings Institute, and about litigation strategies at Yale Law School’s Climate Change and Animal Agriculture Litigation Initiative Expert Workshop.

• Maria Antonia Tigre spoke about rightsbased climate lawsuits and trends in the Global South at numerous conferences, including at the Seventh Annual Rule of Law Seminar hosted at the University of Southampton; at the Oslo International Environmental Law Conference hosted at the University of Oslo; at a Virtual Forum Examining the Philippines’ National Inquiry on Climate Change Report; on a panel titled “Exploring the Climate Justice Potential of Climate Litigation in Pursuit of Reckoning and Remedy for the Global South” hosted at the Law And Society Association Conference in Lisbon; at the Climate Litigation Observatory hosted at the University of Lisbon; at an event on “Children/Youth and the Right to a Healthy Environment,” hosted at the University College Cork & Environmental Research Institute; at the Climate Law &

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Governance Day 2022; at a panel on “Climate Justice” at the Instituto de Estudios Judiciales Hernán Correa de la Cerda; at an event on “Earth Law in Climate Litigation” hosted by Benjamin N. Cardozo Environmental Law Society and the Earth Law Center; at a workshop on “Just transition litigation in Latin America,” hosted by Edinburgh Climate Change Institute; and at an event on gender-based climate litigation at the United Nations Human Rights, Office of the High Commissioner.

• Korey Silverman-Roati spoke on a panel titled “ Investor-State Dispute Settlement (ISDS) as an Avenue for Climate Change Litigation,” organized as part of the Peer Review Network on Global Climate Litigation’s webinar series. Korey spoke about the classification of ISDS cases as climate litigation, a topic that will be discussed in an upcoming paper.

Publications

• Michael Gerrard, Joanne Spalding, Jill Tauber, Keith Matthews, West Virginia v. Environmental Protection Agency: The Agency’s Climate Authority, 52 Env. L. Rep. 10429 (June 2022)

• Michael B. Gerrard, A Time for Triage, 39(6) Envtl. F. 38 (2022)

• Jessica Wentz and Benjamin Franta, Liability for Public Deception: Linking Fossil Fuel Disinformation to Climate Damages, 52 Envtl. L. Rep. 10995 (December 2022)

• Jacob Elkin, Climate Science in Adaptation Litigation in the U.S. (August 2022)

• Maria Antonia Tigre, Climate Change and Indigenous Groups: The Rise of Indigenous Voices in Climate Litigation, 9(3) E-Publica 214 (2022)

Legal Pathways to Deep Decarbonization (LPDD)

The Sabin Center and Widener University’s Environmental Law & Sustainability Center maintain the Model Laws for Deep Decarbonization in the United States website, which provides policy makers at the federal, state and local levels with legal tools needed to transition away from fossil fuels. More than thirty pro bono law firms are at work drafting additional model laws as part of this project. The Sabin Center is cooperating with legal scholars in Brazil and Australia who are undertaking similar projects in those countries.

Talks

• Michael Gerrard was the featured guest on an episode of Bruce McCabe’s podcast titled “Can Lawyers Save the Planet?: The Future of Climate Change Litigation with Michael Gerrard.” In the episode, Michael talks about the role of lawyers in fighting climate change, as well as the LPDD model laws project.

Publications

• The climate war is not yet lost, op-ed by Michael Gerrard, The Los Angeles Times (July 2022)

Negative Emissions

Reducing or even eliminating future greenhouse gas emissions will not, by itself, be sufficient to avoid catastrophic climate change. It will also be necessary to remove previously emitted greenhouse gases from the atmosphere, and store or utilize them in some way.This can be done using a range of so-called “negative emission technologies.” The Sabin Center conducts research on legal issues associated with the development and use of negative emissions technologies.

Talks

• Carolina Arlota presented on “When International advances Local? Assessing the Glasgow Climate Pact’s Consequences for U.S. Domestic Policies on Carbon Dioxide

4 Summer/Fall 2022

Removal” at the Second Annual Carbon Dioxide Removal Law Conference hosted by American University. Romany Webb presented on “Advancing Responsible Carbon Dioxide Removal Research” at the same conference.

• Romany Webb and Korey SilvermanRoati presented on “The legal Framework for Ocean Carbon Dioxide Removal” at a meeting of the National Oceanic and Atmospheric Administration’s Carbon Dioxide Removal Taskforce.

• Romany Webb and Korey Silverman-Roati presented on “Ocean Carbon Dioxide Removal for Climate Mitigation: The Legal Framework” at a seminar meeting of CDRMare, a German research consortium examining the role of the ocean in storing carbon dioxide from the atmosphere.

• Romany Webb presented on the topic of ocean carbon dioxide removal at numerous conferences, including at a panel at the Ocean Pavilion at COP 27; a forum on “blue carbon” hosted by COMPASS in Washington D.C.; at the Cambridge Zero Climate Change Festival; and at the Global Ocean Negative Carbon Emissions Forum hosted by Xiamen University in China.

Engagement

• The Sabin Center continued its participation in a four-year study, funded by the Pacific Institute for Climate Solutions, to develop an integrated negative emissions system that removes carbon dioxide from the atmosphere using direct air capture technology and permanently sequesters it in sub-seabed geologic formations. Romany Webb participated in several meetings of the project team, and presented on “Recent Legal and Policy Developments Around Offshore Carbon Capture and Storage” at the annual project workshop.

• Romany Webb participated in numerous forums and roundtables, including on “Ocean Alkalinity Enhancement for Climate Change Mitigation” hosted by Environmental Defense Fund; on “Federal Ocean Science and Technology Priorities” hosted by the U.S. Subcommittee on Ocean Science and Technology; and on “Ethical Frameworks for Climate Change Intervention Research,” hosted by the American Geophysical Union.

• Romany Webb was appointed to a steering committee convened by the National Sea Grant Law Center to oversee the planning of the 1st annual blue carbon law symposium at the University of Georgia in May 2023.

• Romany Webb was appointed to the steering committee of a project led by the GEOMAR Helmholz Center for Ocean Research in Germany, aimed at developing a “best practice guide for ocean alkalinization research.”

• Romany Webb was appointed to an expert panel charged with updating the American Geophysical Union’s position statement on climate intervention.

• Romany Webb gave a briefing to Congressional staffers on the 2022 National Academies of Sciences’ report on “A Research Strategy for Ocean-based Carbon Dioxide Removal and Sequestration.”

Publications

• Removing Carbon Dioxide Through Ocean Fertilization: Legal Challenges and Opportunities, by Korey Silverman Roati, Romany M. Webb, and Michael Gerrard (July 2022)

• Permitting Seaweed Cultivation for Carbon Sequestration in California: Barriers and Recommendations, by Korey Silverman Roati, Romany M. Webb, and Michael Gerrard (June 2022)

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Cities Climate Law Initiative

The Cities Climate Law Initiative helps U.S. cities achieve their climate mitigation commitments by addressing critical gaps or obstacles to advancing implementation.

Talks

• Amy Turner presented a briefing on the Supreme Court’s West Virginia v. EPA decision to members of C40 Cities and Climate Mayors.

Engagement

• Amy Turner has taken on a leading role in advising local governments on the 2022 Inflation Reduction Act. She authored two blog posts on the topic: one on broad local government considerations in the Act and another on an Environmental Protection Agency request for information on the implementation of the Act’s Greenhouse Gas Reduction Fund. She was a key contributor to Urban Sustainability Directors Network and C40 Cities publications and recorded an episode of the Local Energy Rules podcast on the Inflation Reduction Act. She has also presented on the Act to various local governments.

• Amy Turner has advised cohorts of local governments organized by Stand.Earth’s Safe Cities Program, ICLEI-USA, and Northeast Energy Efficiency Partnerships on building decarbonization topics. She has also been advising a major U.S. city on forthcoming building decarbonization policy.

• Amy Turner testified at the New York City Department of Buildings hearing on implementations rules for Local Law 97, the City’s building performance standard.

• Amy Turner was appointed as a member of NYC Mayor’s Sustainability Advisory Board, which will advise Chief Climate Officer and DEP Commissioner Rohit

Aggarwala and the Mayor’s Office of Climate and Environmental Justice’s (MOCEJ) Executive Director Kizzy Charles-Guzmán on the city and climate and sustainability strategy in connection with a forthcoming update to the city’s PlaNYC climate plan, which is set to be released in April 2023.

Publications

• Cities and the Inflation Reduction Act, Practical Law

• Cooperative Federalism, As Applied: Building Electrification, Environmental Law in New York (June 2022)

Renewable Energy Legal Defense Initiative (RELDI)

RELDI provides pro bono legal representation, and where appropriate works with partnering law firms to do so, to community groups and local residents who support renewable energy development in their communities.

Talks

• Matthew Eisenson moderated a Climate Week NYC webinar on “Siting Renewables in New York,” which featured remarks from Houtan Moaveni, the Executive Director of the New York State Office of Renewable Energy Siting, followed by a panel discussion. Matthew also gave a presentation to the Local Affairs Committee of American Clean Power regarding “Local Opposition to Renewable Energy Facilities in the United States” and attended the Alliance for Clean Energy New York’s annual Renewable Energy & Jobs Tour in Cazenovia, New York.

• Michael Gerrard spoke about RELDI to the American Clean Power Association.

• Michael Gerrard spoke about tradeoffs in the siting of renewable energy facilities to a Columbia Law School Beyond the Casebook 1L Lunch.

6 Summer/Fall 2022

Engagement

• Michael Gerrard and Matthew Eisenson filed an amicus brief on behalf of two environmental organizations in opposition to a motion for a preliminary injunction that would delay implementation of the New York State Department of Taxation and Finance’s wind and solar appraisal model.

• Michael Gerrard and Matthew Eisenson filed an amicus brief on behalf of two local farmers in Ohio in support of a 300-megawatt wind energy project that will benefit the local economy while avoiding greenhouse gas emissions.

• Matthew Eisenson, with assistance from Sidley Austin LLP, filed an amicus brief on behalf of various community groups and individuals supporting the renewable energy siting regulations promulgated by the New York State Office of Renewable Energy Siting (ORES).

• Matthew Eisenson, with assistance from local counsel at the University of Detroit Mercy School of Law, submitted several letters on behalf of local landowners in La Salle Township, Michigan, to the Township’s Board and Planning Commission, urging them not to adopt unlawful restrictions on solar energy projects.

• Matthew Eisenson, with assistance from local counsel at the University of Detroit Mercy School of Law, submitted several letters on behalf of local landowners in Milan Township, Michigan, to the Township’s Board and Planning Commission, urging them not to rescind the Township’s existing solar ordinance or adopt unlawful restrictions on solar energy projects.

Publications

• Michael B. Gerrard, Who Decides Where the Renewables Should Go?: A Response to Danielle Stokes’ Renewable Energy Federalism, 106 Minn. L. Rev. Headnotes 400 (2022)

Initiative on Climate Risk and Resilience Law (ICRRL)

ICRRL is a joint initiative of the Sabin Center, Environmental Defense Fund, the Institute for Policy Integrity at New York University School of Law, and Vanderbilt Law School.The initiative aims to drive legal solutions that address societal and economic risks from climate change and to improve climate resilience in the electricity sector, and through financial regulation and risk management. The Sabin Center undertakes individual and joint actions related to ICRRL.

Talks

• Michael Gerrard spoke on a webinar titled “Climate Contracting: First Steps,” hosted by the Chancery Lane project.

• Michael Gerrard gave a presentation about the Securities and Exchange Commission’s proposed climate disclosure regulations to the Columbia Law School’s faculty retreat.

Engagement

• The Sabin Center submitted comments on the Securities and Exchange Commission’s Proposed Rule on the Enhancement and Standardization of Climate-Related Disclosures for Investors.

• The Sabin Center submitted comments on the Commodity Futures Trading Commission’s Request for Information on Climate-Related Financial Risk.

• The Sabin Center co-hosted a virtual meeting of the Forum on Climate Risk in the Electricity Sector. The Forum is a joint project of the Sabin Center, Environmental Defense Fund, and Initiative on Climate Risk and Resilience Law. It aims to connect academic researchers and

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representatives of advocacy organizations working on issues relating to electricity sector climate risk and resilience.

• Romany Webb participated in a roundtable discussion on “Climate-related Financial Risk to Electric Utilities” hosted by Environmental Defense Fund, Carbon Plan, and the Initiative on Climate Risk and Resilience Law.

Publications

• DOL Rule Clarifies that ESG Analysis is Consistent with Fiduciary Duty. Will it Preempt State ESG Laws? By Cynthia Hanawalt and Dyan Garcia

• Are Net Zero Targets Anticompetitive?, by Cynthia Hanawalt

Environmental Justice

Climate change has made clear that diversity increases the power of potential solutions and the resilience to adverse impacts—for ecosystems, social systems, economic systems and their various hybrids and combinations. As part of our Diversity, Equity, Inclusion and Anti-Racism Plan, the Sabin Center is committed to developing content and engaging in environmental issues faced by vulnerable communities.

Engagement

• Andrea Nishi began work on a joint research initiative with the Energy Bar Association, Center on Global Energy Policy, and the Mailman School of Public Health exploring legal solutions to energy insecurity in the United States and Canada.

• Andrea Nishi began a project with WE ACT for Environmental Justice to develop model legislation related to environmental justice, cumulative impacts analysis, and permit renewals for polluting facilities.

Environmental & Land Use Law

Decreasing greenhouse gas emissions and increasing resilience to climate impacts involve use of existing environmental, natural resource, and land use laws. They also demand creation of new approaches. Our current efforts focus on federal, state, and local laws and regulations related to air pollution; environmental impact assessment; public lands management; and zoning and land use controls.

Talks

• Michael Gerrard moderated a talk at the New York City Bar Association by Judge M. Margaret McKeown of the Ninth Circuit about her new book, Citizen Justice:The Environmental Legacy of William O. Douglas

• Michael Gerrard gave numerous talks about the Inflation Reduction Act, including on live television on Now Tonight with Joshua Johnson on NBC Now; on KCBS; on a GovExec webinar; to the group Net Impact NYC; at a Climate School event, “Climate Action After the Midterms: Inflation Reduction Act and West Virginia v. EPA.”

• Michael Gerrard spoke at a Climate School event on “Climate Policy in Today’s Political Environment” at the Council on Foreign Relations.

• Romany Webb spoke about the Inflation Reduction Act on BBC World News America.

• Amy Turner spoke about cities and the Inflation Reduction Act on the “Local Energy Rules” podcast.

Publications

• The New Methane Emissions Charge: One (Limited But Important) Stick in The Inflation Reduction Act, by Romany Webb

• Surprise: Inflation Reduction Act Makes Oil and Gas Development on Federal Land Less Attractive, by Romany Webb

8 Summer/Fall 2022

Energy Law

The Sabin Center seeks to advance the decarbonization of the energy sector and to encourage a more rational accounting of climate change-related impacts of energy use in the U.S. and elsewhere. Our current efforts focus on federal, state, and local laws and regulations related to clean energy development and integration, public utility regulation, and the extraction, transport, and consumption of fossil fuels.

Talks

• Romany Webb participated in two panel discussions as part of the Columbia Climate School’s SustainWhat podcast program: on “Climate Action and Energy Friction” and on “A CO2 Takeback Obligation for Fossil Fuel Companies.”

• Romany Webb presented on “Climate Change, FERC, and Natural Gas Pipelines” at Vanderbilt Law School.

Engagement

• The Sabin Center co-hosted virtual meetings of the International Regulatory Futures Forum. The Forum, which is now in its 7th year, brings together top energy regulators from the U.S., Europe, and Australia to discuss emerging issues in energy system decarbonization.

• The Sabin Center filed comments on the Federal Energy Regulatory Commission’s Notice of Proposed Rulemaking on One-Time Informational Reports on Extreme Weather Vulnerability Assessments, Climate Change, Extreme Weather, and Electric System Reliability

International & Foreign Law

Climate change is a global problem that demands a global response. The Sabin Center provides legal support for and participates in international efforts to address the causes and effects of climate change.We also track how foreign jurisdictions are addressing climate change through legal reforms and litigation.

Human Rights and Climate Change

Climate change poses a very real threat to the enjoyment of human rights: sea level rise, heat waves, floods, drought, and other effects can cause death and injury, displace people from their homes, undermine food and water security, and otherwise interfere with the lives, health, and well-being of millions of people. The Sabin Center’s research explores how international human rights law can be used to enhance mitigation ambition and protect people from these effects.

Talks

• Michael Gerrard gave a keynote address about climate justice to the African Human Rights Moot Court Competition in Cairo, Egypt.

• Maria Antonia Tigre spoke about “Protecting the Amazon Rainforest: A Regional Governance Challenge with Global Implications” at the Centre for Global Development, University of Leeds.

• Carolina Arlota co-organized and co-moderated the panel on “Young and Emerging Voices” at the International Conference of the American Branch of the International Law Association (ABILA), which addressed several international environmental topics such as the United Nations Convention on the Law of the Sea, environmental protection and cultural heritage, and the environment as a human right.

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Engagement

• Michael Burger and Maria Antonia Tigre submitted an Intervenor Brief to the European Court of Human Rights in Verein KlimaSeniorinnen and others v Switzerland, the “Swiss Grannies” case, addressing issues related to the applicants’ victim status and to separation of powers principles.

• Martin Lockman attended COP 27 in Sharm El-Sheik, Egypt, where worked as a volunteer Liaison Officer providing assistance to least developed countries during the negotiations as part of the Sabin Center’s ongoing support of the Legal Response Initiative. Martin report a blog about the experience, titled “At COP27, Developing Countries Fight to Define a Global Goal on Adaptation.”

Threatened Island Nations

Climate change poses a substantial risk to many small island nations. These nations may be partially or completely submerged by rising sea levels in the coming decades, and are also vulnerable to other disruptions caused by increasing temperatures and changing precipitation patterns.We have worked with threatened island nations since 2009 to develop legal strategies to address these problems.

Talks

• Michael Gerrard chaired a discussion on “Demanding Climate Justice:Vanuatu’s Groundbreaking Advocacy at the UN” at Columbia Law School.

• Maria Antonia spoke on a panel titled “Sailing for Climate Justice: A MultiStakeholder Perspective on the Campaign for ICJ Advisory Opinion on Climate Change,” hosted by the Pacific Islands Students Fighting Climate Change.

Engagement

• Michael Gerrard and Maria Antonia attended a high-level meeting, titled “The Promise of an Advisory Opinion on Climate Change from the International Court of Justice, A Joint Initiative of The Republic of Vanuatu and Blue Ocean Law.

10 Summer/Fall 2022

Events

From June to December 2022, the Sabin Center sponsored, co-sponsored and participated in numerous online events and conferences. Here are some highlights:

• Demanding Climate Justice: This event was co-organized by the Human Rights Institute and the Sabin Center and co-sponsored by the Columbia Climate School, Rightslink, and the Columbia Law School Society of International Law. Vanuatu Ambassador Ode Tevi and Legal Adviser Kevin Chand spoke with Michael Gerrard about the objectives of bringing a request to the UN’s General Assembly for an Advisory Opinion in which the ICJ would articulate state responsibilities for the effects of climate change.

• Investor-State Dispute Settlement (ISDS) as an Avenue for Climate Change Litigation:

As part of the Peer Review Network of Global Climate Litigation’s webinar series, this webinar aimed to pitch the role of Investor-State Dispute Settlement (ISDS) within the broader context of global climate change litigation. Dr. Maria Antonia Tigre delivered welcoming remarks and Matteo Fermeglia moderated the panel discussion.

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• Siting Renewables in New York: Ambitious Climate Goals, a New Siting Process, and How It Is Going: This Climate Week 2022 event was co-sponsored by the Sabin Center and the Columbia Climate School. This webinar—moderated by climate law fellow Matthew Eisenson— delved into the Office of Renewable Energy Siting’s progress implementing the new siting process over the last two years and other stakeholder perspectives.

• Reframing Environmental Jurisprudence

Towards Interconnection: This event, co-hosted by the Sabin Center and Earth Law Center, brought together speakers who discussed ecocentric legal and cultural movements from across the world, such as the growing number of governments embracing the Rights of Nature, the rights of future generations, and other paradigms.

Other events

• The Sabin Center helped organize a Columbia World Projects conference titled “At the Water’s Edge: Transformative Local Action for Flood Response and Climate Adaptation,” in close collaboration the Climate School, the Columbia Water Center and the Center for Resilient Cities and Landscapes.

• The Sabin Center hosted a talk by Melanie Murcott, Associate Professor at the University of Pretoria, South Africa, on the topic of “Indigenous Communities, Power, and Justice: Climate Litigation Sustaining South Africa’s Wild Coast.”

• The Sabin Center hosted a lecture by Professor Oren Perez, Dean of Bar Ilan University Law Faculty in Israel, on the topic of “Extra-Constitutional Commitment Mechanisms: From Climate Change to Artificial Intelligence.”

12 Summer/Fall 2022

Publications

The Sabin Center produces papers, surveys and other legal resources, and its members edit and co-author books with other climate law and energy experts from around the globe. Our website at climate.law.columbia.edu contains landing pages for each of our program areas, which include links to relevant projects, publications, and other resources. In addition, the Center publishes the Climate Law Blog and maintains a growing presence on social media, including on Twitter, Facebook, and LinkedIn, as well as a YouTube channel.

Law Journal Articles

• Maria Antonia Tigre, Climate Change and Indigenous Groups: The Rise of Indigenous Voices in Climate Litigation, 9(3) E-Publica 214 (2022)

• Jessica Wentz and Benjamin Franta, Liability for Public Deception: Linking Fossil Fuel Disinformation to Climate Damages, 52 Envtl. L. Rep. 10995 (December 2022)

• Michael B. Gerrard, A Time for Triage, 39(6) Envtl. F. 38 (2022)

• Michael B. Gerrard and Edward McTiernan, Three New Federal Laws Aid New York’s Compliance With Climate Goals, New York Law Journal (September 7, 2022)

• Michael B. Gerrard, Who Decides Where the Renewables Should Go?: A Response to Danielle Stokes’ Renewable Energy Federalism, 106 Minn. L. Rev. Headnotes 400 (2022)

Sabin Center Papers

• The Carbon Market and its Regulation in Brazil, Gabriel Wedy, Weber Amaral and Cacia Pimentel (September 2022)

• Removing Carbon Dioxide Through Ocean Fertilization: Legal Challenges and Opportunities, by Korey Silverman Roati, Romany M. Webb, and Michael Gerrard (July 2022)

• Michael B. Gerrard and Edward McTiernan, Annual Survey of SEQRA Cases: Bad for Plaintiffs, But Important Bill Pending, New York Law Journal (July 13, 2022)

• Michael Gerrard, Joanne Spalding, Jill Tauber, Keith Matthews, West Virginia v. Environmental Protection Agency: The Agency’s Climate Authority, 52 Env. L. Rep. 10429 (June 2022)

• Amy Turner, Cities and the Inflation Reduction Act, Practical Law

• Amy Turner, Cooperative Federalism, As Applied: Building Electrification, Environmental Law in New York (June 2022)

• Climate Science in Adaptation Litigation in the U.S., by Jacob Elkin (August 2022)

• Permitting Seaweed Cultivation for Carbon Sequestration in California: Barriers and Recommendations, by Korey Silverman Roati, Romany M. Webb, and Michael Gerrard (June 2022)

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Highlights from the Climate Law Blog

• New York City’s Local Law 97: REC Mechanism Lacks Additionality; Will Set Price Too Low, by Amy Turner

• Municipalities of Puerto Rico v. Exxon: A Unique Class Action Against Fossil Fuel Companies Presses for Climate Accountability in the United States, by Korey Silverman-Roati and Maria Antonia Tigre

• Back in the Game: Brazil’s Reengagement in Climate Governance, by Carolina Arlota

• At COP27, Developing Countries Fight to Define a Global Goal on Adaptation, by Martin Lockman

• Unpacking the Liability Argument Against Loss and Damage Funding, by Andrea Nishi

• Siting Renewables in New York: Updates from ORES Executive Director Houtan Moaveni and Suggestions from Panelists on How to Further Improve the Siting Process, by Matthew Eisenson

• Advancements in Climate Rights in Courts Around the World, by Maria Antonia Tigre

• Cities: EPA Request for Information on Green Banks Established by the Inflation Reduction Act, by Amy Turner

• Solar Panels Reduce CO2 Emissions More Per Acre Than Trees—and Much More Than Corn Ethanol, by Matthew Eisenson

• United Nations Human Rights Committee finds that Australia is Violating Human Rights Obligations Towards Torres Strait Islanders for Climate Inaction, by Maria Antonia Tigre

• Guest Commentary: The Role of Human Rights Institutions in Tackling Climate Change: A Case Study of the Philippines, by Antoine De Spiegeleir and Maria Antonia Tigre

14 Summer/Fall 2022

Media Mentions and Interviews

Sabin Center experts were interviewed and/ or quoted directly or mentioned via one of the products produced by the Center in approximately 80 media and news items.

Highlights

• Supreme Court Ruling Curbs EPA Authority on Carbon Emissions, ABC News

In this interview, Michael Gerrard weighs in on the implications of the Supreme Court’s ruling in the West Virginia v EPA case)

• The Supreme Court’s EPA Ruling was the Beginning of Something Bigger, The Washington Post

In this article, Michael Burger comments on the Supreme Court’s decision in the West Virginia v EPA case.

• BBC World News America from London Romany Webb was a guest on BBC, where she discussed the impacts of the Inflation Reduction Act.

• Minnesota’s ‘Big Oil’ Lawsuit Becomes an Issue in Attorney General’s Race, StarTribune

In this article, Korey Silverman-Roati weighs in on climate lawsuit claims that fossil fuel companies deceived the public by carrying out oil and gas operations all the while knowing that these contribute to climate change.

• What the Midterm Results Mean for ESG Investing, E&E News

In this article, Cynthia Hanawalt is quoted on the implications of the midterm results for ESG investment.

• Inflation Reduction Act Invest $369 Billion to Fight Climate Change, NBC NOW

In this interview, Michael Gerrard discusses the impact of the US IRA’s investment in fighting climate change.

• California’s 2030 Ban on Gas Heaters Opens a New Front in the War on Fossil Fuels, GRIST

In this article, Amy Turner talks about New York’s efforts to address emissions and energy use from buildings.

• Researchers Just Gave Developing Nations a Scientific Basis for Legal Action Against US, China for Climate Damages, CNN In this article, Michael Burger weighs in on the role of scientific data in liability claims against US, China for climate damages.

• To Meet Climate Mandate, New York Needs to Learn How to Build Clean Energy Again, New York Focus

This article mentions Matthew Eisenson’s blog post on California’s law that allows the state to bypass local restrictions in siting large-scale renewables.

• Courts or Policies: Which matters more for climate action in South Asia? Eco-Business

In this article, Cynthia Hanawalt talks about how litigation can be seen as a tool to be used as a “last resort, like in cases where regulatory policies haven’t worked or to address the urgency of broad emission-reduction needs.”

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Awards and Recognition

• Michael Gerrard received a Lifetime Achievement Award from the New York Law Journal for his 40+ year career in environmental law in both academia and private practice.

• Romany Webb was reappointed as co-chair of the Climate Change, Sustainable Development, and Ecosystems Committee of the American Bar Association Section of Environment, Energy, and Resources. Romany also serves on the American Bar Association’s Climate Change Taskforce.

• Carolina Arlota co-chairs the committee on International Environmental and Energy Law of the American Branch of the International Law Association (ABILA).

Online Resources

New York City Climate Law Tracker

The New York City Climate Law Tracker monitors New York City’s progress in implementing the Climate Mobilization Act, a suite of local laws that were enacted in 2019. The most prominent of these is Local Law 97, which places limits on the amount of greenhouse gases that large buildings may emit.

The Climate Attribution Database, developed in collaboration between the Sabin Center and Lamont-Doherty Earth Observatory, is a repository of scientific infomation relevant to climate litigation and policy-making. Climate attribution science plays a central role in climate litigation and policy-making. The science is central to legal debates on the causal links between human activities, global climate change, and impacts on human and natural systems.

• New York State Climate Law Tracker

The New York State Climate Law Tracker monitors New York’s progress in implementing its path-breaking Climate Leadership and Community Protection Act, Environmental Justice Law, Community Risk and Resiliency Act, and Accelerated Renewable Energy Growth and Community Benefit Act.

• Carbon Dioxide Removal Law Database

The Sabin Center and the Center on Global Energy Policy maintain the Carbon Dioxide Removal Law Database, an annotated bibliography of legal materials related to carbon dioxide removal and carbon sequestration and use.

16 Summer/Fall 2022
• Climate Attribution Database

Climate Change Litigation Databases

The Center maintains U.S. and global climate litigation charts. (The US database is maintained in collaboration with Arnold & Porter.) To subscribe to the Center’s monthly update, contact: columbiaclimate@gmail.com

• Model Laws for Deep Decarbonization in the United States

The Model Laws for Deep Decarbonization in the United States website provides policy makers at the federal, state and local levels with the legal tools needed to transition away from fossil fuels. The website is based on the book, Legal Pathways to Deep Decarbonization in the United States, co-edited by Michael Gerrard and John C. Dernbach.

Climate Reregulation Tracker

The Sabin Center launched the Climate Reregulation Tracker to follow the Biden administration’s progress reinstating and expanding on climate policies that had been rolled back under the previous administration.

Silencing Science Tracker

The Silencing Science Tracker is a joint initiative of the Sabin Center and the Climate Science Legal Defense Fund. It tracks government attempts to restrict or prohibit scientific research, education or discussion, or the publication or use of scientific information, since the November 2016 election.

Climate Change Laws of the World

The Sabin Center and the Grantham Research Institute on Climate Change and the Environment have collaborated to create an online database of the laws, regulations, policy statements, and other directives issued by national governments, with links to the Sabin Center litigation charts

A Summary of the Key Activities of the Sabin Center for Climate Change Law 17

Earth Institute and Columbia Climate School

The Sabin Center is a member center of the Earth Institute and Columbia Climate School, and frequently collaborates with their scientists on cutting edge interdisciplinary research. Center faculty and staff are deeply involved in the development of the Climate School at multiple levels.

18 Summer/Fall 2022

A Summary of the Key Activities of the Sabin Center for Climate Change Law

About Us

Michael B. Gerrard

Faculty Director

tel: 212-854-3287 mgerrard@law.columbia.edu

Michael Burger Executive Director

tel: 212-854-2372 mburger@law.columbia.edu

Romany Webb

Deputy Director

tel: 212-854-0080 rwebb@law.columbia.edu

Amy Turner

Senior Fellow, Cities Climate Law Initiative

tel : 212-854-3268 aturner@law.columbia.edu

Cynthia Hanawalt Senior Fellow

chanawalt@law.columbia.edu

Jessica Wentz

Non-Resident Senior Fellow

tel: 212-854-0106 jess.wentz@gmail.com

Carolina Arlota

Associate Research Scholar

csa2170@columbia.edu

Matthew Eisenson

Climate Law Fellow, Renewable Energy Legal Defense Initiative mbe2129@columbia.edu

Dyan Garcia Fellow, Initiative on Climate Risk and Resilience Law erg2181@columbia.edu

Ama Francis

Non-Resident Fellow tel : 212-854-0106 arf2167@columbia.edu

Martin Lockman

Climate Law Fellow

m.lockman@columbia.edu

Andrea Nishi

Climate

Justice

Fellow

andrea.nishi@columbia.edu

19

Korey Silverman-Roati

Climate Law Fellow

tel: 520-906-1359 kgs2133@columbia.edu

Maria Antonia Tigre Global Climate Litigation Fellow mb4913 @columbia.edu

Kemi Adetayo Program Coordinator

tel: 212-854-8213 aadetayo@law.columbia.edu

Tiffany Challe Communications Associate

tel: 212-854-0594 tc2868@columbia.edu

20 Summer/Fall 2022

Columbia Law School Jerome Greene Hall, Room 525 435 West 116th Street New York, New York 10027

tel : 212-854-3287 fax : 212-854-8213

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