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Climate Adaptation in Environmental Review

September 5, 2013 @ 12:15 pm - 1:30 pm

// see related news story // Katrina Kuh Joins Stegner Center as 9th Annual Young Scholar

The Wallace Stegner Center Young Scholar Downtown CLE

Climate Adaptation in Environmental Review

Holland & Hart (222 Main Street, Suite 2200)

Climate change can impact a project directly, as when sea level rise threatens a coastal transportation project, or influence the environmental impact of a project, as when climate change is projected to further decrease or degrade a species’ habitat.  How should (or must) these climate adaptation considerations be addressed during environmental review processes?  In 2010, the Council on Environmental Quality (CEQ) released Draft NEPA Guidance on Consideration of the Effects of Climate Change and Greenhouse Gas Emissions.  The draft climate guidance addresses many aspects of adaptation review , including instructing agencies how to determine which climate change impacts warrant consideration, cautioning agencies to respect the “rule of reason” when deciding the appropriate emphasis and level of detail to devote to the assessment of the impacts of climate change, and directing that climate change impacts should be incorporated into the reasonably foreseeable future condition of the affected environment.  Many questions remain, however, about how to incorporate projected climate change impacts into environmental review.  This talk reviews agency guidance, case law, and select environmental review documents prepared pursuant to NEPA to better understand how climate change impacts should (or must) be addressed in environmental review.

thumbnailKatrina Fischer Kuh is an Associate Professor of Law at the Maurice A. Deane School of Law at Hofstra University where she teaches Environmental Law, Torts, Global Change and U.S. Law, and International Environmental Law. Her scholarship, which has been published in journals including the Duke Law Journal and Vanderbilt Law Review, focuses on climate change, sustainability, and second generation environmental challenges. Professor Kuh is the co-editor of The Law of Adaptation to Climate Change: United States and International Aspects. Prior to joining the Hofstra faculty in 2007, Professor Kuh worked in the environmental and litigation practice groups in the New York office of Arnold & Porter LLP and served as an advisor on natural resource policy in the United States Senate. She received her law degree from the Yale Law School and served as a law clerk to Judge Charles S. Haight of the District Court for the Southern District of New York and Judge Diana Gribbon Motz of the U.S. Court of Appeals for the Fourth Circuit.

Funding is provided by the Cultural Vision Fund.



September 5, 2013
12:15 pm - 1:30 pm
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