A Summary of Present and Future Climate Adaptation Law
J. B. Ruhl
Vanderbilt University - Law School
February 8, 2013
U.S. Global Warming Law, 2d Edition, Michael Gerrard and Jody Freeman, eds., ABA Press, 2013
Vanderbilt Public Law Research Paper No. 13-4
Vanderbilt Law and Economics Research Paper No. 13-2
In anticipation of the inevitable shift from adaptation planning to adaptation action, this chapter provides a background on climate change adaptation policy and a survey of climate impacts and adaptation responses likely to put some demand on legal institutions and rules. The chapter opens by defining the key terms and concepts of climate change adaptation as it has been discussed in major policy analyses. The chapter then summarizes the scope and focus of federal, state, local, tribal, and private climate change adaptation planning initiatives. From there, the chapter reviews the current law of climate change adaptation, which as mentioned above is not yet extensive. What few morsels of legal initiative exist break down into five types: (1) coastal land use controls; (2) environmental impact assessment programs; (3) corporate disclosure requirements; (4) endangered species protection; and (5) anti-adaptation measures The chapter closes with a survey of the potential legal issues climate change adaptation could spark, organized into five categories: (1) land and resources; (2) infrastructure; (3) business disputes and regulation; (4) health and safety concerns; and (5) governance and process.
Number of Pages in PDF File: 34
Keywords: climate change adaptation, climate adaptation law, climate adaptation planningAccepted Paper Series
Date posted: February 9, 2013 ; Last revised: February 20, 2013
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