This website provides model laws that can be adopted by all levels of government and the private sector to drastically reduce fossil fuel use and greenhouse gas emissions.
The Book
The Environmental Law Institute has published Legal Pathways to Deep Decarbonization in the United States (Michael B. Gerrard & John C. Dernbach eds.). The book is a playbook of state, local, federal, and private legal pathways for enabling the United States to address what is easily among the greatest problems facing this country and the rest of humanity.
Over 35 separate chapters authored by 59 experts, it identifies more than a thousand legal options for reducing U.S. greenhouse gas emissions by at least 80% from 1990 levels by 2050. It builds on the U.S. work of the Deep Decarbonization Pathways Project, and has been prepared in collaboration with that organization.
The book is available from West Academic or Amazon. A short summary volume is available for free download.
Acknowledgments
We would like to acknowledge:
- The Andrew Sabin Family Foundation for generous financial support
- Jordan Gerow and Morgan Schwartz for performing research and website development for this project
- Richard Horsch for coordinating the efforts of a team of pro bono lawyers drafting model laws
- Marcy Kahn for coordinating peer review efforts
- Joseph DiMona and Karla Perri for political outreach efforts
- The many pro bono lawyers and other experts who drafted the model laws and provided peer review
International Context
Deep reductions in greenhouse gas emissions also need to occur in other countries. The United States continues to be a party to the United Nations Framework Convention on Climate Change, which creates an international structure that can facilitate that result. Under the 2015 Paris Agreement, to which the U.S. is a party until at least November 4, 2020, countries are encouraged to share their mid-century, long-term low greenhouse gas emission development strategies. Many countries have already done so; their reports can be accessed here. In addition, a comprehensive database of climate change laws from around the globe, compiled by the Grantham Research Institute on Climate Change and the Environment and the Sabin Center for Climate Change Law, is available at the Climate Change Laws of the World website. We have begun to work with researchers in other countries and regions who are interested in preparing books similar to our book for their country or region, and we welcome additional inquiries.
Climate Justice Advisory Board
Climate change impacts affect everyone, but not equally. It is now beyond doubt that climate change has, and will have, a disproportionate impact on the most politically marginalized and vulnerable communities. Recognizing this, the drafters of our Model Laws have always sought to incorporate, to the extent relevant and feasible, approaches and provisions supporting and enhancing Clima
Climate Justice (CJ) seeks to reduce and eliminate the disproportionate impacts of climate change on low-income, marginalized, or otherwise disadvantaged communities (as that term is defined in Section 50121 P.L. 117-169, the Inflation Reduction Act). CJ also includes the consideration of how people and households in such communities are directly affected when governments enact provisions, impose restrictions and create limitations that add to these communities’ adverse living and working conditions. The concept of CJ requires meaningful participation, meaningful involvement, and fair treatment of all people in adopting climate mitigation measures. Achieving CJ should include, to the extent relevant and feasible, a qualitative and quantitative assessment of how energy and climate solutions (including a range of technology and policy options) impact individuals and their communities or benefit some communities at the expense of others. Climate laws should, to the extent possible, ensure that the benefits of those laws are equitably distributed among all communities, including low-income, marginalized, or otherwise disadvantaged communities.
Climate justice is related to the concept of Environmental Justice (EJ): the fair treatment and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. In addition to climate impacts, EJ focuses on adverse environmental impacts from, among other things, pollution and unequal enforcement of environmental protection laws. CJ narrows that focus to climate impacts — recognizing that being in a polluted environment can worsen the effects of climate change such as increased temperatures and more frequent and extreme weather events — and the adverse effects of energy and climate change mitigation measures.