Discussion (1L): Climate and the "Abundance" Agenda: The Future of Environmental Law?

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Professor Deborah Sivas. The so-called "Abundance" agenda burst onto the national stage with the publication, in March 2025, of a New York Times bestseller of that title by self-described "liberals" Ezra Klein and Derek Thompson. But the concept has been gathering steam for years. It goes something like this: We have created a world of scarcity by hobbling society's ability to build the abundant future we want. To create a fully-decarbonized economy and harvest the bountiful amenities that will make our lives better, richer, and easier, we need to unshackle the forces of growth and innovation from "paperwork and procedure and hearings and disclosure demands and lawsuits." In this discussion seminar, we will interrogate these ideas, read some of the early judicial decisions invoking them, and examine the future of climate policy in the United States. Elements used in grading: Full attendance, reading of assigned materials, and active participation.