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41 Envtl. L. [i] (2011)

handle is hein.journals/envlnw41 and id is 1 raw text is: ENVIRONMENTAL LAW Lewis & Clark Law School VOLUME 41 WINTER 2011 NUMBER 1 ARTICLES What Climate Change Can Do About Tort Law ..................................... Douglas A. Kysar To date, scholars exploring the connection between climate change and tort law have tended to ask what the latter can do about the former. With a few notable exceptions, they have answered, Not much. This Article first reviews a series of doctrinal hurdles facing climate change plaintiffs and concludes that the pessimism of legal scholars is justified. The Article then poses an inverse and previously unexplored question: what can climate change do about tort law? As it turns out, the answer is, Quite a bit. By forcing courts to confront questions of harm, causation, and responsibility that lie at the frontiers of science and ethics, climate change lawsuits hold potential to move the bar for what counts as exotic in the domain of tort. Radical though it may seem, such a recalibration should be welcomed: just as the administrative state is being forced to adapt to grapple with the global, complex, uncertain, and potentially catastrophic nature of twenty-first century threats to social welfare, the tort system also must shift in order to serve its role as the administrative state's traditional and necessary backdrop. Not only the climate is changing. The Curious Case of Greening in Carbon Markets ............................... 73 Wiliam Boyd & James SaLzman Over the last several years, so-called carbon markets have emerged around the world. These markets trade greenhouse gas credits. This article takes a close look at an unexpected and unprecedented development-premium green currencies have emerged alongside and even displaced standard compliance currencies. Past experiences with other environmental compliance markets, such as the sulfur dioxide and wetlands mitigation markets, suggest the exact opposite should be occurring. Indeed, buyers in such markets should only be interested in buying compliance, not in the underlying environmental integrity of the compliance unit. In carbon markets, however, higher quality green credits have emerged in recent years as important currencies for a number of buyers, representing a dynamic that we

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