From Surviving to Thriving -- Seeking Climate Justice in the Common Law

by Karen Sokol | September 26, 2018

This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters.

The 450 Inupiat residents of Kivalina, a small village on the frozen tundra of Alaska at the edge of the Arctic Ocean, are among the first communities in the world to lose their ability to survive because of climate change. With temperature increases that double the global average, Alaska is one of the canaries in the coal mine of climate change. As a result, the Arctic’s ice has diminished by half over the last three decades, triggering a series of reactions that are transforming the environment. The people of Kivalina risk plunging into frigid waters whenever they use their snowmobiles — the only viable motorized means of transportation in the region. That, along with the fact that their principal source of food is wildlife whose habitats are being destroyed by rising sea levels, means that the Inupiat of Kivalina are losing their ability to feed themselves.

The Kivalina villagers will eventually suffer the same fate as the wildlife they depend on: According to the U.S. Army Corps of Engineers, Kivalina will be under water within ten years. Life is challenging on frozen tundra, but in the face of climate change, it is no longer possible. And the federal government has not done anything about it. Although in 2015 President Obama ...

Seeking Climate Justice in the Courts

by Karen Sokol | May 21, 2018
Back in 2007, the Intergovernmental Panel on Climate Change (IPCC) noted the likelihood of an increase in what is now often referred to as "climate change" or "climate justice" litigation. The reason for the increase, according to the IPCC, is that "countries and citizens [will] become dissatisfied with the pace of international and national decision-making on climate change." Just over a decade later, that observation now looks quite prescient, with several cities and counties taking the oil industry to court ...

Climate Change in the Courts

by Daniel Farber | April 02, 2018
There are three important climate lawsuits pending in federal court. Here's the state of play and what to expect next. In the first case, Oakland and San Francisco sued leading oil companies. They claim that the companies' production and sale of fossil fuels is a public nuisance under California state law. They seek an abatement fund to pay for sea walls and other infrastructure needed to address rising sea levels. This lawsuit was originally filed in California state court, but ...

A Meditation on Juliana v. United States

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Pollution Bursts and Public Health

Farber | Jun 13, 2019 | Environmental Policy

Updates on the War on Science

Farber | Jun 10, 2019 | Environmental Policy

Getting Ready for Conference on Regulation as Social Justice

Goodwin | May 31, 2019 | Regulatory Policy

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