Climate Change, Property Rights, and Conservation: Highlights from a Decade of Environmental Law (2013–2023)

June 16th, 2023|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , |

The Author Victoria Kline (linkedin.com/in/victoria-kline) just graduated from the University of Miami School of Law, and is an incoming associate at Jones Day. She focused her studies on environmental law, which also will be her area of practice. (Congratulations to Victoria on her graduation and getting her start at Reed Smith!) Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Climate Change, Property Rights, and Conservation: Highlights from a Decade of Environmental Law (2013–2023) Abstract: The author discusses nine recent decisions—all but one handed down by the Supreme Court—that demonstrate the ongoing debate over responsibility for the effects of climate change, how the courts are essentially asked to strike a balance between environmental protection and economic development, the intersection of property rights and conservation, and how litigants fared with their arguments over different aspects of this important and, many would say, existential dilemma. The author concludes with an update from the United Nations Framework Convention on Climate Change and the establishment of a loss and damage fund for countries harmed by climate change. "The past decade has seen numerous legal challenges and landmark rulings in environmental law, reflecting the growing recognition of the critical [...]