Climate Change Under Trump: What Is The Way Forward?
Climate Change Under Trump: What Is The Way Forward?
Introduction
Climate change is one of the most significant environmental challenges facing the world today. With rising temperatures, extreme weather patterns, melting ice caps, and sea-level rise, the effects of climate change are already having devastating impacts on ecosystems, biodiversity, human livelihoods, and economies. Addressing climate change requires a multifaceted approach involving not only science and technology but also strong legal frameworks to guide actions, ensure accountability, and mobilise resources. This essay explores the role of law in combating climate change and advancing international and national efforts toward mitigation and adaptation. Additionally, it emphasises the need for a robust approach to achieve the global climate goals, highlighting the latest developments in U.S. emissions reduction targets, a new New York law, and the potential impact under Donald Trump’s leadership.
The U.S. Emissions Reduction Targets and the Role of Law
In early 2025, President Joe Biden announced a new, ambitious goal for the United States to reduce its greenhouse gas emissions by over 60% by 2035. This target, significantly higher than the original commitment made under the Paris Agreement, underscores a deepened commitment to climate action. The new target reflects the urgency to address the climate crisis, with significant financial and regulatory measures designed to decarbonise various sectors of the U.S. economy. Achieving this goal will require sweeping changes in energy production, transportation, agriculture, and industrial practices, all of which must be supported by effective legal mechanisms.
The role of law in ensuring the success of Biden’s emissions reduction targets is paramount. The legal system will need to create a comprehensive framework of policies and regulations to facilitate the transition to a low-carbon economy. These include strengthening carbon pricing mechanisms, incentivising clean energy investments, imposing stricter emissions standards on industrial activities, and ensuring the resilience of vulnerable communities through adaptation laws.
Biden’s target relies heavily on the implementation of laws like the Inflation Reduction Act, passed in 2022, which provided funding for renewable energy, electric vehicles, and carbon capture technologies. Under this act, legal mandates push the U.S. government to significantly increase renewable energy generation, reduce fossil fuel dependency, and promote energy-efficient practices across sectors.
New York’s Climate Change Superfund Act: A Pioneering Legal Approach
In December 2024, New York Governor Kathy Hochul signed into law the Climate Change Superfund Act, marking a bold legal step toward addressing climate change at the state level. This law establishes a fund, fuelled by contributions from major oil and gas corporations, to finance climate adaptation projects designed to protect residents from climate-related disasters such as flooding, extreme storms, and sea-level rise. The fund, expected to generate $75 billion over 25 years, is a pioneering legal response to the growing threat of climate change and a significant financial commitment to climate resilience.
The law aims to ensure that companies responsible for the bulk of greenhouse gas emissions contribute to mitigating the adverse impacts of climate change. The Act also focuses on justice, mandating that at least 35% of the benefits go to disadvantaged communities, many of which are disproportionately impacted by climate change. The legal structure of the Climate Change Superfund Act encourages corporate accountability while promoting a more equitable distribution of climate adaptation resources.
New York’s approach serves as a model for other states, highlighting the potential for localised legal initiatives to address the climate crisis. The law emphasises the importance of blending environmental justice with climate action, ensuring that vulnerable populations are not left behind in the transition to a climate-resilient future. Legal frameworks such as these will be instrumental in advancing climate adaptation efforts nationwide and supporting the broader U.S. commitment to reducing emissions.
The Implications of President Donald Trump’s Return
The legal landscape surrounding climate change in the U.S. faces an uncertain future, especially with Donald Trump’s return to the presidency. During his first term in office, Trump rolled back numerous environmental regulations, including the Clean Power Plan and various climate-related policies implemented under the Obama administration. Trump’s approach to climate change, which prioritised fossil fuel production and deregulation, ran counter to the scientific consensus on climate change and hindered progress toward emissions reduction.
Trump’s win in the 2024 election, has significant implications for both the U.S. emissions reduction targets and the New York Climate Change Superfund Act. Trump has already withdrawn the United States from the Paris Agreement. He has expressed his intention to dismantle federal climate policies, including those related to carbon pricing and renewable energy incentives. His administration might attempt to weaken or eliminate the regulatory frameworks designed to achieve the emission reduction targets set under the Biden administration, potentially undermining the 60% reduction goal by 2035. His goal is to make the United States energy independent through his “drill baby drill” mantra.
The New York Climate Change Superfund Act could also face challenges under a Trump presidency. Federal action to overturn state-level initiatives could create legal conflicts, particularly if the federal government seeks to reverse any state-driven efforts that conflict with national priorities. For example, Trump’s potential rollback of environmental regulations could create tensions with states like New York that are leading the charge in climate action. The federal government could challenge the constitutionality of state climate laws or attempt to pre-empt such measures under the guise of federal pre-emption.
Moreover, Trump’s policies have historically favoured the fossil fuel industry, potentially redirecting resources away from green energy initiatives and exacerbating the reliance on carbon-intensive industries. This shift could delay or reverse the progress made on clean energy initiatives and undermine efforts to meet the U.S. climate commitments. Legal battles between states and the federal government over climate policies could become more frequent, requiring the judiciary to step in and provide clarity on the legality of these conflicting approaches.
A Robust Legal Framework for Climate Change
The rollback of climate policies highlights the importance of a robust legal approach to addressing climate change. For the U.S. to stay on track toward meeting its emissions reduction targets, laws governing climate action must be legally binding, enforceable, and immune from political fluctuations. This means that climate policies must be grounded in law in a way that holds both the government and corporations accountable for their emissions reductions.
One key aspect of a robust legal framework is ensuring that climate laws are not easily overturned by changing administrations. By enacting bipartisan climate laws, Congress can help ensure that climate action remains a priority regardless of the political climate. Additionally, incorporating climate change into broader legal frameworks, such as public health and national security laws, can create a more integrated approach to climate action, ensuring that climate change is treated as a comprehensive national issue.
Furthermore, the legal system must play a critical role in ensuring that corporate actors are held accountable for their environmental impacts. The growing trend of climate litigation, where individuals and groups challenge governments or corporations for failing to meet climate commitments, underscores the importance of legal accountability in driving change. Laws like the New York Climate Change Superfund Act serve as a powerful tool for holding polluters accountable and ensuring that the burdens of climate change are not shouldered solely by vulnerable populations.
Conclusion
Climate change is an urgent and complex issue that requires coordinated action at the global, national, and local levels. Law plays a critical role in advancing climate goals by providing a legal framework for emission reductions, adaptation measures, and climate justice. The recent U.S. emissions reduction targets and the New York Climate Change Superfund Act represent significant legal milestones in the fight against climate change. However, Donald Trump’s return to the presidency raises concerns about the stability and continuity of U.S. climate policies. To overcome these challenges, the legal system must strengthen climate laws, ensure enforcement, and protect the rights of vulnerable populations. A robust legal framework is essential to achieving the global climate targets and ensuring a sustainable future for all.