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Michael B. Gerrard

The consensus science conveyed by the Intergovernmental Panel on Climate Change (IPCC) and other authoritative sources makes a compelling case for finding foreign endangerment under Section 115. Foreign endangerment requires the Administrator find that reports and studies show that air pollutants emitted in the United States cause or contribute to endangerment in another country. On these points, there can be no serious argument. Nations around the world are exposed to extraordinary levels of climate risk. Moreover, the U.S. is not yet doing enough to reduce its emissions to “prevent or eliminate” this endangerment, though there are steps the United States could take to do so. Indeed, though the U.S. is far from having an adequate plan in place, such a plan is readily achievable.

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Michael B Gerrard and Meredith Wilensky

Abstract Litigation has played a central role in the development of regulations concerning greenhouse gas (GHG) emissions in the United States. A 2007 decision of the United States Supreme Court declared that the Environmental Protection Agency (EPA) has authority to regulate GHGs under the Clean Air Act. This ruling became the principal basis for most of the US climate regulations that followed at the federal level. All of the regulations that emerged have been the subject of large volumes of lawsuits claiming they are invalid; so far most of these regulations have survived these attacks. Litigation is also frequently used to challenge specific projects. Outside of the United States, the volume of climate-related litigation is much smaller, and it has tended to involve only particular projects or the administration of emissions trading systems; there have been very few cases that have broad significance to GHG regulation. However, a decision was issued by a Dutch court in June 2015, which, if it survives appeal and is followed elsewhere, will have major importance.
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Teresa Parejo-Navajas and Michael B. Gerrard

This chapter examines the most important existing regulatory and policy measures to improve the resiliency and adaptive capacity of all types of residential and commercial buildings, both new and existing. It considers how buildings should be modified to cope with climate-related extreme events. Building codes and other legal requirements often lag seriously behind the need to revise them, and most builders do not go beyond what the codes require. Climate projections involve a wide uncertainty range, and protection against the worst case scenarios may be beyond the economic capacity of all but a few owners. Particular attention is paid to slums, and to provisional and post-disaster housing.