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Publication Title

Washington University Journal of Law & Policy

Abstract

Both law and science have achieved an increasingly strong basis over the past decade for addressing biodiversity loss attributable to climate change. Departing from the firm advocacy of expert agencies, the United States Supreme Court in Massachusetts v. EPA held that agencies must enforce federal environmental law despite the uncertainty surrounding climate change. Many legal tools are emerging as instruments of climate change policymaking. This Essay focuses on one specific climate change strategy, the use of the Endangered Species Act, to protect biodiversity from the effects of climate change.

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