Climate Displacement and the Constitution

Natural Resources & Environment Volume 39, Number 1, Summer 2024

5 Pages Posted: 15 Nov 2024 Last revised: 9 Dec 2024

See all articles by James R. May

James R. May

Washburn University - Washburn University School of Law; Widener University Delaware Law School; Haub School of Law at Pace University

Date Written: June 06, 2024

Abstract

Where will everybody go to survive the inevitable climate disruption? This article considers how U.S. constitutional law informs and influences potential governmental programs and policies affecting millions of citizens who will be displaced from their homes and livelihoods by climate change. The study of what is known as "managed retreat" and "receiving communities"-and, in the popular press, "climate havens"-is in its infancy. Our inquiry is to be distinguished from issues that focus primarily on the government's responsibility for climate "mitigation. " See, e.g., Juliana v. United States, 217 F. Supp. 3d 1224, 1250 (D. Or. 2016), rev' d for lack of standing, 947 F.3d 1159 (9th Cir. 2020), aff ' d, slip op. (9th Cir. May 2, 2024). Much less attention has been paid to the extent to which U.S. constitutional law shapes the "adaptation" side of climate change, including congressional and state authority, due process, equal protection, privileges and immunities, compensable takings, and federalism. We conclude that the U.S. Constitution is neither designed nor equipped to handle the oncoming climate displacement wave and wonder whether a "constitutional revolution" is warranted.

Note: Copyright [2024] American Bar Association. Reproduced by permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Keywords: Climate, Constitution, Climate Displacement

Suggested Citation

May, James, Climate Displacement and the Constitution
(June 06, 2024). Natural Resources & Environment Volume 39, Number 1, Summer 2024, Available at SSRN: https://ssrn.com/abstract=5007504 or http://dx.doi.org/10.2139/ssrn.5007504

James May (Contact Author)

Washburn University - Washburn University School of Law ( email )

1700 SW College Ave.
Topeka, KS 66621
United States

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Haub School of Law at Pace University ( email )

78 N. Broadway
White Plains, NY 10603
United States

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