Winter/Spring 2020 - A Summary of the Key Activities of the Sabin Center for Climate Change Law by Columbia Climate School

Winter/Spring 2020 A Summary of the Key Activities of the Sabin Center for Climate Change Law

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

Contents Summary . .

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Projects . . Events . .

Publications .

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Media Mentions and Interviews .

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Earth Institute .

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Who We Are . .

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Since its creation in 2009, the Sabin Center for Climate Change Law 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 Centerâ&#x20AC;&#x2122;s activities are spearheaded by Michael Gerrard, Faculty Director of the Sabin Center and Andrew Sabin Professor of Professional Practice at Columbia Law School, and Michael Burger, Executive Director of the Sabin Center and Senior Research Scholar and Lecturer-in-Law at Columbia Law School. 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 Sabin Center is both a partner to and resource for public interest legal institutions engaged in climate change work. Further, the Center addresses a critical need for the systematic development of legal techniques to fight climate change outside of the realm of litigation, and the compilation and dissemination of information for lawyers in the public, private, academic and NGO sectors.

Winter/Spring 2020

Summary The current pandemic crisis has shifted some of the Sabin Centerâ&#x20AC;&#x2122;s work to focus on how COVID-19 is affecting climate change and policies to deal with it. Meanwhile, even as the Trump Administration has used the pandemic as a justification to relax the enforcement of environmental laws it has continued to move forward with its deregulatory agenda. The Sabin Center tracks these actions through our online resources and on our Climate Law Blog. More generally, the Sabin Center conducts 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.

Cross-cutting Issues & Initiatives

Energy Law

Environmental & Land Use Law

International & Foreign Law

A Summary of the Key Activities of the Sabin Center for Climate Change 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. Climate Change Litigation

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

• Michael Gerrard gave a presentation about litigation stemming from extreme weather events to the Ninth Circuit Judicial Conference in Palm Springs, California, attended by federal Court of Appeals and District Court judges from the western states and Pacific islands. • Michael Burger spoke on The Law and Science of Climate Change Attribution at Litigating the Climate Crisis: Lessons and Strategies for Practice and Research, an international workshop hosted by the NYU School of Law Center for Human Rights and Global Justice. • Michael Gerrard spoke about climate change litigation to the American Law Institute’s annual Environmental Law Course in Washington D.C.

• Michael Gerrard spoke via video about U.S. climate change litigation to a program held in Atlanta, Georgia, Climate Science for Judges, sponsored by the Federal Judicial Center, the American Association for the Advancement of Science, and the Environmental Law Institute. • Michael Burger spoke on climate change litigation at The Climate Science and Portfolio Risk Workshop, hosted by Lamont Doherty Earth Observatory and AllianceBernstein at AllianceBernstein’s offices in midtown Manhattan. • Daniel Metzger spoke at Vanderbilt Law School on climate change litigation and careers in environmental law. Defending Climate Science

• The Sabin Center filed joint comments with the Climate Science Legal Defense Fund on the Environmental Protection Agency’s proposed “Strengthening Transparency in Regulatory Science” Rule. • On April 21, the D.C. Circuit Court of Appeals decided that the Environmental Protection Agency acted illegally when it banned scientists with agency grants from serving on its scientific advisory boards. The Environmental Law Clinic and Sabin Center executive director Michael Burger represented two scientists and partnered with attorneys at Earthjustice to bring the case. Press release is available here. • The Sabin Center, partnering with the Climate Science Legal Defense Fund, posted 33 new entries to the Silencing Science Tracker.

Winter/Spring 2020

Legal Pathways to Deep Decarbonization (LPDD)

• The Sabin Center and Widener University’ Commonwealth Law School’s Environmental Law & Sustainability Center launched the Model Laws for Deep Decarbonization in the United States website, which provides policy makers at the federal, state and local levels with the legal tools needed to transition away from fossil fuels. More than twenty pro bono law firms are at work drafting additional model laws as part of this project. Cities Climate Law Initiative

This Initiative helps U.S. cities achieve their climate mitigation commitments by addressing critical gaps or obstacles to advancing implementation. Talks

• Amy Turner gave a talk about legal issues associated with city decarbonization laws and policies at the National League of Cities Congressional Cities Conference in Washington, DC. Engagement

• Michael Burger co-led the Urban Legal Interventions Workshop hosted by C40 Cities in London, England, and is assisting C40 with it development of a strategic plan for global cities’ pathbreaking climate policies. • Amy Turner worked with city officials across the U.S., as well as with staff of organizations such as the Rocky Mountain Institute and the World Resources Institute, on various issues including virtual power purchase agreements and local natural gas bans.

Renewable Energy Legal Defense Initiative (RELDI)

The Renewable Energy Legal Defense Initiative (RELDI) provides pro bono legal representation to community groups and local residents who support renewable energy development in their communities, but are facing opposition. Engagement

• RELDI filed an amicus brief in the Iowa Supreme Court on behalf of local residents supporting a new wind farm. • RELDI currently represents a community group before the NYS Public Service Commission in a proceeding on New York’s first offshore wind farm; two farmers before the Ohio Power Siting Board who are advocating for a proposed onshore wind farm; and a community group in a proceeding before the New York Siting Board concerning a proposed solar facility. Other Activities

• Romany Webb participated in a panel on New and Emerging Policies for Carbon Capture, hosted by the Columbia Center on Global Energy Policy.

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.

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

Adaptation & Resilience

As well as taking steps to mitigate climate change, humanity must also find ways to adapt to it. The Sabin Center conducts research into how existing laws and regulations can be used to promote short and longer-term adaptation efforts within government and the private sector. • Ama Francis represented the Center on the Resilience Task Force, hosted by the Waterfront Alliance. • Michael Gerrard is participating in the working group to implement the recommendations of Consolidated Edison’s Climate Change Vulnerability Study. Clean Air Act

The Environmental Protection Agency has authority under the Clean Air Act to regulate mobile and stationary sources of greenhouse gases. The Sabin Center has been active in informing and defending EPA’s affirmative regulations, in advocating for more ambitious action and in opposing deregulation by the Trump administration. • Michael Burger and Hillary Aidun filed an amicus brief on behalf of local governments in support of state and environmental petitioners in American Lung Association v. EPA, the lawsuit challenging the Environmental Protection Agency’s repeal of the Clean Power Plan and its replacement, the Affordable Clean Energy Rule. Environmental Assessment

The National Environmental Policy Act and its state and international analogs provide for the assessment of environmental impacts of proposed projects, plans and programs. The Sabin Center examines legal requirements and practices relating to the analysis of GHG emissions and the impacts of climate change on proposed projects under these statutes.

Talks

• Michael Gerrard participated in an American Bar Association webinar about the proposed NEPA regulatory changes. Engagement

• The Sabin Center filed comments on the Department of Energy’s proposal to categorically exclude natural gas export approvals from environmental review under the National Environmental Policy Act. • The Sabin Center submitted comments on the Council on Environmental Quality’s proposed revisions to the NEPA regulations.

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

• Hillary Aidun gave a presentation on barriers to renewable energy development at the New York State Virtual Climate Reality Coalition Retreat. • Romany Webb presented on state and federal roles in energy policy at the American Bar Association’s Climate Disruption and Decarbonization conference at Pace Law School. • Romany Webb participated in a workshop on carbon pricing in wholesale electricity markets, hosted by the Institute for Policy Integrity at New York University and the Duke Nicholas Institute for Environmental Policy Solutions.

Winter/Spring 2020

• Romany Webb presented in a webinar on the Federal Energy Regulatory Commission’s December 2019 MOPR Order hosted by the National Conference of State Legislatures. Engagement

• The Sabin Center consulted with Congressional staffers on two bills, aimed at controlling methane emissions from oil and gas development.

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

• Ama Francis was a roundtable participant in the Transdisciplinary Workshop on West African Migration hosted by the Earth Institute. • Ama Francis presented on structural factors that contribute to climate displacement at Yale Law School’s Rebellious Lawyering Conference. • Michael Gerrard gave a video lecture about climate-induced migration to the staff of the International Rescue Committee.

Engagement

• The Sabin Center contributed to the Platform on Disaster Displacement’s submission to the UN Secretary General’s High-Level Panel on Internal Displacement in the Context of Disasters and the Adverse Effects of Climate Change. 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

• Ama Francis gave closing remarks at a panel on entrepreneurship during disaster recovery at the Clinton Global Initiative Action Network on Post-Disaster Recovery. • Ama Francis gave a guest lecture on climate migration at the Mailman School of Public Health,Vermont Law School, Colorado Law School, Columbia MA in Climate & Society.

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

Events From December 2019 –May 2020, the Center sponsored, co-sponsored and participated in numerous events and conferences. Here are some highlights:

• While No One Was Watching: Changing Environmental Regulations Under the Trump Administration: The Earth Institute and the

Society of Environmental Journalists hosted a webinar for journalists covering the changing federal environmental regulation scene. Michael Burger was a panelist.

• Earth Day 50: Looking Back, Moving Forward: In this Earth Institute online event celebrating Earth Day’s 50th anniversary, panelists discussed the history and future of the environmental movement. Michael Gerrard reflected on his time as a Columbia undergraduate when he covered the very first Earth Day in 1970 for the Columbia Daily Spectator.

Other Events • The Sabin Center hosted Eighth Annual Sabin Colloquium on Innovative Environmental Law Scholarship (on-line).

• Climate, Environment and the Politics of Public Trust: This online, multidisciplinary panel focused on the politics of science, consensus, and evidence-building relating to environmental and climate debates. Michael Gerrard was an event speaker.

• New York State Environmental Year in Review: The Sabin Center and the Environmental Law Committee this event where leading practitioners, regulators, and professors reviewed the past year’s most significant developments in New York State and New York City environmental law. Amy Turner, senior fellow at the Sabin Center, was the moderator and speakers included Patrick Foster, Regional Attorney, Office of the General Counsel, New York State Department of Environmental Conservation, Michael Gerrard, Faculty Director of the Sabin Center, and Philip Weinberg, Professor Emeritus at St. John’s University School of Law.

Winter/Spring 2020

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. Highlights Law review articles

• The Role of Lawyers in Decarbonizing Society, by Michael B. Gerrard, Stanford Law Review Online, April 2020. • The Law and Science of Climate Change Attribution., by Michael Burger, Jessica Wentz and Radley Horton, 45 Colum. J. Envtl. L.57, 2020.

• Evaluating the Effects of Fossil Fuel Supply Projects on Greenhouse Gas Emissions and Climate Change under NEPA, by Michael

Burger and Jessica Wentz, 44 Wm. & Mary Envtl. L. & Pol’y Rev. 423, 2020. • Legal Tools for Achieving Low Traffic Zones, by Amy Turner, Environmental Law Reporter, April 2020.

Books/book chapters

• “Corporate Social Responsibility and Climate Change,” by Michael Burger and Jessica Wentz, Corporate Social Responsibility – Sustainable Business: Environmental, Social and Governance Frameworks for the 21st Century, 3rd Ed. (Roger Martella and Rae Lindsay, eds., Wolters Kluwer/International Bar Association), 2020. Other Publications

• The Landmark Case That Almost Never Was: A law professor investigates the legal decision to regulate greenhouse gases in the U.S., by Michael B. Gerrard,

367 Science 1082, March 3, 2020. • New York’s New Statute on Siting Renewable Energy Facilities, by Michael B. Gerrard and Edward McTiernan, New York Law Journal, May 2020.

• Direct Air Capture: An emerging necessity to fight climate change,

by Michael B. Gerrard, ABA Section of Environment, Energy, and Resources, March/April 2020.

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

Highlights from the Climate Law Blog • New York, New Jersey Pipeline Decisions

• U.S. Tribes Claim U.S. Government Violates

are Hard Blow to Natural Gas and Strong Support for New York’s New Climate Law,

Human Rights Obligations by Failing to Address Climate-Forced Displacement,

by Michael Gerrard

by Ama Francis

• Juliana in the World: Comparing the Ninth Circuit’s Decision to Foreign Rights-Based Climate Litigation, by Hillary Aidun and

Malia Libby, March 13, 2020 • Major Developments in International Climate Litigation in Early 2020, by Daniel Metzger and Hillary Aidun COVID-19 Blog Posts

• PHMSA’s COVID-19 Policy Could Lead to a Spike in Methane Emissions, by Romany Webb • EPA’s COVID-19 Policy Will Further Restrict Public Access to Climate Data,

by Romany Webb • Trump’s ‘Industry First, Science Last’ Agenda is Costing Lives, by Romany Webb and Lauren Kurtz • Public Participation in the Coronavirus Age, by Daniel Metzger and Hillary Aidun • Cities, Climate & COVID-19, by Amy Turner

• U.N. Human Rights Committee Issues Landmark Climate Migration Decision,

by Ama Francis and Hillary Aidun • The Status of Methane Regulation in the U.S., by Romany Webb

Winter/Spring 2020

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 • The Trump Administration is Reversing Nearly 100 Environmental Rules. Here’s the Full List., The New York Times

In this article, Hillary Aidun comments on the reversal of environmental regulations by the Trump Administration. • VIDEO: in New York’s Empty Streets,

• Trump Wants to Gut Crucial Environmental Regulation, The Nation

Michael Burger weighs in on the “complete and total instability” the Trump Administration’s environmental regulatory rollbacks have caused. • The Trump Administration is ‘Silencing

Lessons for Climate Change in the Response to COVID-19, InsideClimate News

Science,’ Environmental Law Experts Say, WBUR

In this video, Michael Gerrard and Amy Turner draw the lessons to be learned from the response to COVID-19, particularly to how it relates to New York City’s approach to tackling climate change.

In this podcast, Michael Gerrard discusses the Trump Administration’s ‘silencing science’ actions.

• Satellite images reveal huge amounts of methane leaking from U.S. oil fields, CBS News

Romany Webb weighs in on the Texas Oil Commission rules on venting and flaring. • How Environmental Movement Plans to Leverage the Coronavirus Pandemic, The Wall Street Journal

In this article, Amy Turner speaks about keeping streets like Philadelphia’s Martin Luther King Drive closed to traffic when the pandemic abates. • Pandemic side-effects offer glimpse of alternative future on Earth Day 2020, The Guardian

Michael Gerrard underlines the “size of the task” of fighting climate change as the world experiences environmental improvement as a result of the pandemic.

• When Climate Hits Home, Foreign Policy In this podcast, Ama Francis discusses the legal mechanisms to address climate migration. She says it “does not have to be a negative experience if we plan it right”. • The Energy 202: Youth climate lawsuit dismissal shows challenge of using courts to tackle climate change, The Washington Post

Michael Burger comments on the courts’ dismissal of the Juliana V. United States climate lawsuit: “From the outset, it was a big ask,” he said. • Netherlands forced to cut emissions after successful class action, RN Breakfast

In this podcast, Michael Gerrard discusses the Dutch government’s efforts to reduce greenhouse gas emissions to comply with the world’s most successful climate lawsuit to date.

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

Awards and Recognition On January 31, the New York State Bar Association (NYSBA) Environment and Energy presented the 2020 Section Award for “distinguished service to the protection of the environment,” to the Sabin Center and the Section Council Award to Michael Gerrard “in recognition of his outstanding service to the public and to the field of environmental law.” See here. On April 24 the International Municipal Lawyers Association presented the 2019 Amicus Service Award to Michael Burger for his and the Center’s service to the IMLA Legal Advocacy program in several climate damages cases in the U.S. Courts of Appeal.The award recognizes lawyers “who have been actively involved in legal advocacy for and on behalf of local governments and IMLA, and who have done exemplary work to protect and advance local government interests.”

Online Resources

• Climate Change Litigation Database The Center maintains U.S. and non-U.S. climate litigation charts. (The US database is maintained in collaboration with Arnold & Porter.) The Sabin Center continues to track the growing wave of international and domestic climate change litigation. Our databases of climate change litigation now provide a resource with information and case documents for over 1000 climate change lawsuits from around the world. To subscribe to the Center’s monthly update, contact: columbiaclimate@gmail.com.

• Climate Deregulation Tracker The Climate Deregulation Tracker monitors efforts undertaken by the Trump administration to scale back or wholly eliminate federal climate mitigation and adaptation measures. The tracker also monitors congressional efforts to repeal statutory provisions, regulations, and guidance pertaining to climate change, and to otherwise undermine climate action. Finally, the tracker will monitor any countervailing efforts to advance climate change mitigation and adaptation in the face of these deregulatory actions.

Winter/Spring 2020

• 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

• Model Laws for Deep Decarbonization in the United States

In April, the Sabin Center and Widener University’ Commonwealth Law School’s Environmental Law & Sustainability Center launched a new Model Laws for Deep Decarbonization in the United States website, which 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. Read the press release here.

• 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.

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

Earth Institute The Sabin Center is a member center of the Earth Institute at Columbia University, and frequently collaborates with Earth Institute scientists on cutting edge interdisciplinary research. Campus Sustainability and Climate Action

Michael Gerrard has continued his leadership role in the campus-wide Sustainability Initiative, as co-chair on the Senior Advisory Committee, which has launched the effort to come up with a new sustainability plan for the period 2021-2030. The Initiative is now engaged in a comprehensive greenhouse gas master planning effort that will reshape decision-making relating to emissions and energy use on campus.

Winter/Spring 2020

Who We Are

Michael B. Gerrard Faculty Director

Michael Burger Executive Director

Amy Turner Senior Fellow Cities Climate Law Initiative

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

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

Romany Webb Senior Fellow

Jennifer Danis Senior Fellow

Ama Francis Climate Law Fellow (2018–20)

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

tel: 212-854-4585 jdanis@law.columbia.edu

tel: 212-854-0106 arf2167@columbia.edu

Hillary Aidun Climate Law Fellow (2019–21) tel: 212-854-0081 hwa2108@columbia.edu

Daniel Metzger Climate Law Fellow 2020

Tiffany Challe Communications Associate

tel: 212-854-7734 djm2244@law.columbia.edu

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

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

The Sabin Center for Climate Change Law Columbia Law School | Jerome Greene Hall 435 West 116th Street, New York, New York 10027

Kemi Adetayo Program Coordinator tel: 212-854-8213 aadetayo@law.columbia.edu

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

Notes

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Notes

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W E B . L AW. C O LU M B I A . E D U / C L I M AT E - C H A N G E 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