The Climate Moratorium

Abstract

Climate change is our new reality. The impacts of climatic changes, including massive forest fires, floods, drought, severe storms, saltwater intrusion, and the resulting migration of people displaced by such impacts, will continue to ravage communities across the nation into the foreseeable future. In the meantime, communities continue to expand and growth continues unabated in many of the most climate-impacted areas. Given that most communities are unprepared for the onslaught of climate disasters and many continue to increase existing community vulnerabilities through unsustainable growth and development practices, we need legal tools that will provide space to engage in effective adaptation planning. The climate moratorium is one such tool. Moratoria, which have been used to temporarily halt development and associated impacts to facilitate effective land-use planning, have long been used by communities to address community and infrastructure vulnerabilities. This Article proposes a climate moratorium.