Prerequisites: None

Exam Type: No Exam

This reading group examines the impact of climate change on private law: torts, contracts, and property. We will proceed in three parts. Part One (“Concepts”) will examine the idea and function of private law, canvassing different theories about what private law is, and how it should evolve to address contemporary challenges (if at all). We will also consider the relationship between private law and fields of public law (such as environmental and administrative law), asking what—if anything—private law can add to these fields’ response to climate change.

Part Two of the reading group will develop the theme of disruption. We will focus on how private law presents a challenge to settled understandings of property law and contracts, and whether existing concepts (such as regulatory takings and impracticability) can accommodate climate change, or whether global warming fundamentally challenges the building blocks of private law. Finally, in Part Three we will explore questions of liability, and especially tort liability. We will evaluate the rapidly proliferating nuisance suits being brought against major emitters, as well as more novel theories grounded in negligence and unjust enrichment.

This reading group welcomes any student with an interest in the overlap between private law and climate change. No background in environmental law or climate policy is required. While most readings will focus on the United States, we will also consider developments in other jurisdictions, including Australia, New Zealand, the Netherlands, and the United Kingdom.

Note: This reading group will meet on the following dates: TBD.