The Commander in Chief's Authority to Combat Climate Change

Authors

Mark P. Nevitt, Emory University School of LawFollow

Author ORCID Identifier

0000-0001-9690-0326

Document Type

Article

Publication Date

2015

Keywords

Climate change adaptation, Military response to climate threat, Humanitarian crises, National security, Presidential authority, Congressional authority, International peace and security

Abstract

This Article first outlines the myriad national security threats posed by a changing climate, addressing the President’s and Congress’s powers to plan, study, and invest in climate-resilient infrastructure at military installations that are vulnerable to a rise in sea levels. Second, this Article asserts that climate change will stress and test persistent separation of powers concerns at home and abroad. Specifically, the President has less authority to protect military infrastructure domestically in the face of congressional intransigence, but has comparably greater authority as Commander in Chief to respond to climate-induced events abroad. Third, this Article argues that the threat of climate change will increasingly challenge existing lawful use-of-force models as the military is increasingly called upon to respond to climate-induced humanitarian crises outside of the United States. Lastly, this Article concludes by offering recommendations for both the President and Congress to address the immediate national security implications of a changing climate.

First Page

437

Publication Title

Cardozo Law Review

Recommended Citation

Mark P. Nevitt, The Commander in Chief's Authority to Combat Climate Change, 37 CARDOZO L. REV. 437 (2015).