Sessions Information

  • May 5, 2024
    9:00 am - 10:30 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: Marriott St. Louis Grand
    Room: Landmark 2
    Floor: Ground Floor, Conference Plaza

    Group 11: Climate Solutions 

    Transitional Justice Mechanisms as a Bridge to a Sustainable Future
    Sarah Dorman, Georgetown University Law Center

    In response to the climate crisis, people around the world are increasingly turning to litigation to curb emissions and hold polluters accountable. This trend has been especially pronounced in the United States in recent years. Yet unlike in peer countries where courts have ordered national governments to aggressively cut emissions, climate litigation in the U.S. has been largely unsuccessful at forcing climate action, and it has not yet led to meaningful accountability for economic actors whose activities have contributed most to the climate crisis.

    While litigation is essential in the fight against climate change, this paper will argue that lawyers and climate activists in the United States should also draw upon tools developed in the field of transitional justice, which has sought to address gross human rights violations in the context of societies transitioning out of armed conflict or authoritarian rule. Building on existing scholarship about how transitional justice can inform climate governance internationally, as well as scholarship examining previous applications of transitional justice mechanisms at local levels in the United States, this article explores and evaluates possibilities for transitional justice to complement litigation and other climate advocacy efforts in the U.S. context. It identifies practical insights and tools from the field of transitional justice that may be used not only for advancing accountability and spurring climate action, but also for repairing those most impacted, documenting the truth about the systems that have led to ecological breakdown, and setting a collective course toward climate justice and a sustainable future.

    After the Community-Based Organization Turn: Assessing Recent Federal Funding and Incentives
    Gabriel Pacyniak, University of New Mexico School of Law

    In 2021 and 2022, Congress enacted two sweeping laws that provided over $450 billion dollars for climate and clean energy programs: the Infrastructure, Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA). These bills together represent the most significant action to address climate change by Congress. Due to political constraints, the federal action in these bills is almost exclusively made up of grants, loans, tax credits, and other financial incentives. In other words, almost all carrots and no regulatory sticks. Critically, as a response to calls for an increased focus on equity from climate and environmental justice communities, these bills featured unprecedented funding opportunities that targeted or sought to be benefit disadvantaged, underserved, and environmental justice communities. This includes, for example, grant programs only open to Community-Based Organizations (CBOs); grant programs for state and local agencies that require partnerships with CBOs; an additional level of financial incentives for clean energy development that takes places in “disadvantaged” or “energy” communities; and technical assistance programs to help communities. Taken together, these programs promise billions of dollars that will flow directly to community organizations or are intended to benefit such communities. This paper, however, recognizes and catalogs structural constraints to achieving the vision of this funding. These include an incredibly short timeframe to commit and disperse these funds; the complexity of having many different grant programs with different eligibility requirements; the complexity of grant applications and grant management and reporting; and the capacity and expertise limitations of CBOs, among others.

Session Speakers
Georgetown University Law Center
Works-in-Progress Presenter

University of New Mexico School of Law
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.