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Climate Change

Is Climate Change a National Emergency?

Mark Nevitt
Professor Nevitt joined Emory Law School in 2022. He researches environmental law, with an emphasis on climate change’s role in destabilizing numerous areas of law, and its security implications. Nevitt previously taught at Syracuse University College of Law and the US Naval Academy. He was Sharswood Fellow, Lecturer-in-Law at the University of Pennsylvania Carey Law School. His articles have appeared or are forthcoming in the Washington University Law Review, Boston College Law Review, Georgia Law Review, UC Davis Law Review, Yale Journal of Regulation, and Harvard Environmental Law Review, among others. He frequently writes for Just Security, Lawfare, and The Regulatory Review, and is a member of the Truman National Security Project. Nevitt’s recent research at U. Penn’s Kleinman Center addressed legal issues associated with climate adaptation and managed retreat. Before academia, Nevitt was a tactical jet aviator and Navy JAG attorney who earned the rank of commander and flew over 1,000 flight hours and accumulated more than 290 carrier-arrested landings. His military awards include the Air Medal and four Meritorious Service Medals. In the JAG Corps, Nevitt served as an environmental, criminal defense, and ethics attorney, and was the senior legal advisor for the US investigation into the Iranian detention of US sailors in Farsi Island, Iran.

Selected Publications

Delegating Climate Solutions, 39 Yale Journal of Regulation 777 (2022)

Can Environmental Law Solve the “Forever Chemical” Problem?,  57 Wake Forest Law Review 239 (2022) (with Robert V. Percival)

The Remaking of the Supreme Court:  Implications for Climate Change Litigation, 42 Cardozo Law Review 101 (2022)

Is Climate Change a National Emergency?, 55 UC Davis Law Review 591 (2021)

Is Climate Change a Threat to International Peace and Security? 42 Michigan Journal of International Law 527 (2021) 

Domestic Military Authority and the Coronavirus Pandemic, 11 Journal of National Security Law & Policy 107 (2020)

On Environmental Law, Climate Change, and National Security Law, 44 Harvard Environmental Law Review 321 (2020) 

Climate Adaptation Strategies:  How Do We “Manage” Managed Retreat?, University of Pennsylvania Kleinman Center for Energy Policy (2020) 

The Operational and Administrative Militaries, 53 Georgia Law Review 905 (2019) 

Could Official Climate Denial Revive the Common Law as a Regulatory Backstop? 96 Washington University Law Review 441 (2018) (with Robert V. Percival)