Climate Adaptation

Meeting information needs for water markets: Understanding water diversion and use

Text in the foreground says "Information Needs for Water markets: Fair and Effective Water Markets Require Adequate Measurement and Reporting of Diversion and Use. In the background, a groundwater well pumps water through a pipe into an adjacent agricultural water channel.

New CLEE report examines a prerequisite for fair and effective water markets

by Nell Green Nylen and Molly Bruce Water scarcity is a growing problem for agriculture and ecosystems across the U.S. Southwest. In many areas, unsustainable water use has overstretched local water supplies, and climate change is making these supplies more volatile. Water markets have the potential to enhance climate resilience by helping water users adapt …

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Is California’s Climate Resilience Funding Ready for the Future?

New CLEE Report Identifies Key Challenges and Opportunities in the State’s Adaptation Funding Landscape

As climate change accelerates, California faces increasingly severe threats to its communities, economy,  and environment. Rising temperatures, prolonged droughts, sea-level rise, and worsening wildfires are among the risks stretching State and local resources and driving demand for adaptation funding. California has utilized its longstanding leadership in climate policy to confront these challenges, including developing the …

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How are California’s New Climate Adaptation and Resilience Grant Programs Performing?

CLEE reports analyze state’s highly in-demand adaptation and resilience grants for crucial local climate action

California is rapidly experiencing the impacts of a changing climate, from devastating wildfires and persistent droughts to rising sea levels, extreme heat, and erratic precipitation patterns. Climate adaptation is crucial for building resilience to these and other risks, thereby protecting California’s communities, economy, environment, and public health. However, effective adaptation requires significant investment, particularly in …

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Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

Is it unconstitutional for the government to build a levee that reduces the risk of urban flooding but diverts the water to nearby farmlands?  The answer could be yes, unless the government pays for flood easements on the rural lands. But if the government doesn’t build the levee, it faces no liability from the urban …

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Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

By the time my youngest granddaughter is thirty, Nigeria will be the world’s third-largest country. It’s also one of the countries that’s least prepared to adapt to climate change, which will be much worse by then. Nigeria’s population is expected to roughly double by 2050, to around 400 million.  The population was previously expected to …

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Recentering Environmental Law: A Thought Experiment

If we had understood then what we know now. . . .

In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Imagine if history had been a little different. Suppose it had been this memo and a follow-up report, rather than Rachel Carson’s attack on pesticides, that sparked the environmental movement. How would environmental law look different and how might we be thinking about …

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Climate Policy in the World’s Fourth Largest Country

In case you’re wondering, that would be Indonesia in terms of population.

Indonesia has the world’s fourth largest population, right after India, China, and the U.S. It has about the same GDP as Spain. Indonesia ranks in the top dozen carbon emitters. It gets relatively attention in the United States. Yet Indonesia’s role in cutting energy emissions is crucial. As an archipelago, Indonesia is at the prey …

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How to Address Sea Level Risks in California Real Estate Transactions

A new UCLA report recommends policies to improve California’s real estate hazard disclosure laws to inform potential buyers of serious sea level rise risks.

It’s an increasingly common sight on California’s coast: beach houses being swallowed by the rising sea. The threat of flooding and erosion is increasing throughout the United States as a warming atmosphere makes precipitation events more extreme and contributes to sea level rise. In fact, the U.S. coastline is projected to see an average of …

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U.S. Climate Law: A Broad & Rapidly Growing Field

There’s a lot of law relating to climate change. A lot!

In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …

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Climate Rides the Omnibus

An image of the U.S. Capitol Building in the evening.

The year-end law gives a boost to climate-related spending

The omnibus spending bill is by no means a “climate law.”  Because it spans the entire government, though, it has many provisions relating to climate change. They aren’t dramatic step forward. But the fact that they can pass as part of a bipartisan spending law is a sign of how climate change is slowly becoming …

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