Michael Burger
Executive Director, Sabin Center
Senior Research Scholar and Lecturer in Law, Columbia Law School
Phone: (212) 854-2372
Email: mburger@law.columbia.edu
As Executive Director of the Sabin Center for Climate Change Law, Michael leads a dynamic team that is at the forefront of domestic and international efforts to reduce greenhouse gas emissions and promote climate change adaptation through pollution control, resource management, land use planning and green finance. Past and present projects involve collaborations with local and national environmental groups and government representatives, as well as international organizations such as the United Nations Environment Program, the United Nations Development Program, and the International Red Cross. Michael is a widely published scholar, a frequent speaker at conferences and symposiums, and a regular source for media outlets. He has taught at Columbia Law School, NYU Law School and Roger Williams School of Law, and has lead short courses on climate change and human rights in the Hague and Grand Cayman. He is also a co-founder and member of the Environmental Law Collaborative.
Prior to joining the Sabin Center Michael was an associate professor at Roger Williams University School of Law, where he taught environmental law, administrative law, and law and literature, and was founder and director of the Environmental and Land Use Law Clinical Externship program. He previously taught in the Lawyering Program at New York University School of Law, and served as an attorney in the Environmental Law Division of New York City’s Office of the Corporation Counsel. Michael is a graduate of Columbia Law School, where he was a Harlan Fiske Stone Scholar and an articles editor for the Columbia Journal of Environmental Law; and of Brown University, where he graduated magna cum laude and received the Ratcliffe Hicks Prize for highest standing in language and literature. He also holds a Master of Fine Arts degree from the Creative Writing program at NYU.
Selected publications
Law Review Articles
- The Status of Climate Change Litigation: A Global Review, UN Environment (co-authored with Justin Gundlach) (April 2017).
- A Carbon Fee as Mitigation for Fossil Fuel Extraction on Federal Lands, 42 COLUM. J. ENVTL. L. 295 (2017).
- Downstream and Upstream Emissions Analysis: The Proper Scope of NEPA Review, 41 HARV. ENVTL. L. REV. 109 (co-authored with Jessica Wentz) (2017).
- Legal Pathways to Reducing Greenhouse Gas Emissions under Section 115 of the Clean Air Act, 28 Geo. Envtl. L. Rev. 359 (coordinating lead author, with Ann E. Carlson (UCLA), Michael B. Gerrard (Columbia), Jayni Foley Hein (NYU), Jason A. Schwartz (NYU), Keith J. Benes (Columbia/SIPA)) (2016)
- Narratives in Conflict: Alaska Natives and Offshore Drilling in the Arctic, 2014 Nordic Envtl. L.J. 77 (invited symposium essay).
- Property Law and American Empire, 35 U. Hawaii L. Rev. (forthcoming 2015) (co-authored with Paul Frymer, Associate Professor, Princeton University).
- The (Re)Federalization of Fracking Regulation, 2013 Mich. St. L. Rev. 1483 (2014).
- Environmental Law/Environmental Literature, 39 Ecology L. Q. 1 (2013).
- Consistency Conflicts and Federalism Choice: Marine Spatial Planning Beyond the Territorial Sea, 41 Env. L. Rep. 10602 (July 2011).
- “It’s Not Easy Being Green”: Local Initiatives, Preemption Problems and the Market Participant Exception, 78 U. Cin. L. Rev. 835 (2010).
- Empowering Local Autonomy and Encouraging Innovation in Climate Change Governance: The Case for a Layered Regime, 39 Env. L. Rep. 11161 (Dec. 2009).
Books and Book Chapters
- Climate Change and Public Health Law (Michael Burger and Justin Gundlach, eds., on submission)
- Combating Climate Change with Section 115 of the Clean Air Act: Law and Policy Rationales (Michael Burger, ed., Edward Elgar Publishing, forthcoming 2017)
- “Research Governance,” co-authored with Justin Gundlach, Climate Law Fellow, Sabin Center for Climate Change Law, Climate Engineering and the Law: Regulation and Liability for Solar Radiation Management and Carbon Dioxide Removal (Michael B. Gerrard and Tracy Hester, eds., forthcoming 2017)
- “Sustainable Utopias and Climate Change Apocalypse,” Rethinking Sustainable Development to Meet the Climate Change Challenge,” (Keith Hirokawa and Jessica Owley, eds., Environmental Law Institute (ELI) Press) (2015).
- “The Last, Last Frontier,” Environmental Law and Contrasting Ideas of Nature: A Constructivist Approach (Keith Hirokawa, ed., Cambridge University Press) (2014).
- “Charlottesville, Other Cities, Restore Their Watersheds,” in Cities and Nature, A Handbook for Renewal (Roger L. Kemp, ed., McFarland & Company, Inc., 2006); originally published as “A Watershed Moment: A New Environmental Movement is Born,” The Next American City, Issue 4, Oct. 2004, at 10
- “Sustainable Utopias and Climate Change Apocalypse,” Rethinking Sustainable Development to Meet the Climate Change Challenge,” (Keith Hirokawa and Jessica Owley, eds., forthcoming from Environmental Law Institute (ELI) Press).
- “The Last, Last Frontier,” Environmental Law and Contrasting Ideas of Nature: A Constructivist Approach (Keith Hirokawa, ed., Cambridge University Press) (2014).
Other Publications
- A Mitigation-Based Rationale for Incorporating a Climate Change Impacts Fee into the Federal Coal Leasing Program, by Michael Burger (September 2016). Executive Summary available here.
- Designing a Climate Change Displacement Coordination Facility: Key Issues for COP 21, by Jessica Wentz and Michael Burger (Sept. 2015).
- Climate Change and Human Rights (UNEP 2015) (co-authored with Jessica Wentz).
Media Interviews and Mentions
2019
- Exxon goes to trial next week over secret carbon costs, E&E News, October 18, 2019
- Kids’ climate lawsuit to go before Alaska court, Nature, October 9, 2019
- What the climate petition filed by 16 kids at the U.N. really means, Grist, September 25, 2019
- Climate Liability Lawsuits Could Help With Costs of Adapting to a Hotter Earth, NPR Radio, September 23, 2019
- Big Oil is getting sued for climate change, but some cities won’t join the legal fight, Sun Sentinel, September 21, 2019
- After Opioids, Will Climate Change Be the Next Successful Liability Battle? Climate Liability News, September 12, 2019
- 100 Climate Experts at the Earth Institute, State of the Planet, September 11, 2019
- Could big opioid ruling bolster climate cases? E&E News, August 27, 2019
- Science might help win climate cases. Here’s how, E&E News, July 23, 2019
- Does Attribution Science Give Climate Litigators a Smoking Gun? Kleinman Center for Energy Policy, June 25, 2019
- Oil Company Supporters Argue that Cities Cannot Sue for Climate Liability, May 22, 2019
- Five Legal Principles for the Green New Deal, The Washington Post, May 22, 2019
- How do tribal nation’s treaties figure into climate change? High Country News, May 14, 2019
- Should Tribal Nations Use Treaties To Hold the Feds Accountable for Climate Change? Huffington Post, May 14, 2019
- Big Oil in de beklaagdenbank, De Groener Amsterdammer, April 10, 2019
- Climate Change Could Destroy His Home in Peru. So He Sued an Energy Company in Germany, The New York Times, April 9, 2019
- Pay attention to the growing wave of climate change lawsuits, Vox, February 22, 2019
- Declaring a National Emergency Won’t Solve the Climate Crisis, Pacific Standard, February 19, 2019
- The Green New Deal Shows How Grand Climate Politics Can Be, Wired, February 8, 2019
- Could a Future President Declare a Climate Emergency? The New York Times, January 16, 2019
- Supreme Court Issues ‘crushing blow’ to Exxon in major climate case, legal experts say, ThinkProgress, January 7, 2019
2018
- Vanuatu threatens to sue biggest carbon energy producers, CNN, December 17, 2018
- Sue the bastards, Sierra, December 5, 2018
- Miami aims to protect lower income residents from climate displacement, Climate Liability News, December 6, 2018
- The climate apocalypse is now, and it’s happening to you, Wired, November 28, 2018
- Trump administration tries to bury bad news on climate change (Trump still in denial), Arkansas Times, November 26, 2018
- Trump White House issues climate change report undermining its own policy, Vox, November 26, 2018
- U.S Fishermen file fourth climate lawsuit naming Encana, BNN Bloomberg, November 15, 2018
- Crab Fishers Sue Fossil Fuel Industry Over Climate Change Damage, InsideClimate News, November 14, 2018
- Court play growing role in fight over climate change, Marketplace, October 31, 2018
- Why the Trump administration is terrified of these children, Mashable, October 31, 2018
- Why is the U.S. government so motivated to avoid kids’ climate case, Climate Liability News, October 29, 2018
- New York Sues ExxonMobil, GPB Radio News, NPR, October 25, 201
- It’s time for some game theory, Marketplace, October 25, 2018
- Government strategy in kids’ climate case: Don’t attack science, E&E News, October 12, 2018
- Greenhouse gas emissions from major world cities ‘have already peaked’, says leaders‘, E&T, September 14, 2018
- Local governments band together in California to fight climate change, The Christian Science Monitor, September 12, 2018
- World’s local governments rally in California to fight climate change, Yubanet.com, September 12, 2018
- World’s local governments rally in California to fight climate change, Thomas Reuters Foundation, September 11, 2018
- A Judge Threw Out Another Climate Suit Against Big Oil. But the Real Battles Lie Ahead, Mashable, July 21, 2018
- Judge Tosses New York City’s Case Against Big Oil, E&E News, July 20, 2018
- Think the Climate Change Lawsuit Is Dead? It’s Just Beginning., Grist, July 19, 2018
- Can a Company be Held Responsible for Climate Change? Maybe., Legal Reader, July 12, 2018
- The Dusky Gopher Frog Will Be the Next Supreme Court’s First Environmental Test, Popular Science, July 12, 2018
- Litigation Against Fossil Fuel Companies over Climate Change to Continue Despite Setback, Business Insurance, July 10, 2018
- R.I. AG Sues Fossil-Fuel Companies over Alleged Role in Climate Change, The Providence Journal, July 2, 2018
- Progress on Environment Could Slow on Supreme Court without Kennedy, San Francisco Chronicle, June 29, 2018
- In Liability Cases, Oil Companies Argue Climate Change is Your Fault, Climate Liability News, June 28, 2018
- Big Oil Won a Battle in Court This Week, But The War Is Far From Over, Mother Jones, June 26, 2018
- Big Oil’s Victory in Climate Suit Doesn’t Matter, Earther, June 27, 2018
- Judge Tosses Out Climate Suit Against Big Oil, But it’s Not the End for These Kinds of Cases, Mashable, June 26, 2018
- Judge Throws Out Historic Climate Liability Cases Brought by Oakland and San Francisco, EcoWatch, June 26, 2018
- Judge Dismisses Suit Against Oil Companies Over Climate Change Costs, New York Times, June 26, 2018
- Exxon Says Climate Lawsuits Violate its Right to Free Speech. Seriously., Grist, June 19, 2018
- New York Presses Climate Litigation Against Fossil Fuel Producers, Sierra, June 13, 2018
- NYC Climate Case Belongs in Court, Libertarian Think Tank Argues, Climate Liability News, June 11, 2018
- “Can a City Really Sue an Oil Company for Climate Change?” Wired, May 25, 2018
- “El cambio climatico plantea multiples riesgos y oportunidades para las empresas,” Corresponsables, May 5, 2018
- “Proving Extreme Weather Link to Climate Will Drive Liability Suits, Says Paper,” Climate Liability News, April 26, 2018
- “Climate Lawsuits, Once Limited to the Coasts, Jump Inland,” NonProfit Quarterly, April 26, 2018
- “Can lawsuits spur climate change action?” Multi Briefs, April 25, 2018
- “Climate Change Lawsuits Are Moving Inland,” Huffington Post, April 19, 2018
- “Latest Legal Fight Accusing Oil Producers of Climate Change Launched in Colorado,” Oil and Gas Investor, April 18, 201
- “Climate Lawsuits, Once Limited to the Coasts, Jump Inland,” The New York Times, April 18, 2018
- “Climate change goes to court,” The Christian Science Monitor, April 5, 2018
- “Federal Court Judge Dismisses ExxonMobil Suit Against New York and Massachusetts Officials,” Clean Technica, April 1, 2018
- “Federal Judge’s Unprecedented Order on Climate Science ‘Could Open Floodgates’ for Big Oil Lawsuits,” Common Dreams, March 8, 2018
- “Federal court will hold first-ever hearing on climate change science,” McClatchy DC Bureau, March 7, 2018
- “San Francisco, Oakland Climate Cases to Stay in Federal Court, Judge Rules,” Climate Liability News, March 1, 2018
- “Fossil fuel industry is working hard to mislead the public about climate lawsuits,” ThinkProgress, February 26, 2018
- “If Climate Change Wrecks Your City, Can It Sue Exxon?” The Verge, February 20, 2018
- “The Woman Going After Big Energy for the Typhoon That Killed Her Family,” Vice, February 11, 2018
- “Chevron Wants More Companies Blamed in Climate Liability Cases,” Climate Liability News, February 3, 2018
- “Ohio state associate professor among scientists pushing back against EPA ban,” The Columbus Dispatch, January 29, 2018
- “Ohio State professor sues EPA after it enacts a “blatant attack on science-informed policy”,” The Lantern, January 24, 2018
- “New York Targets Texas Energy Companies in a Climate Change Lawsuit,” TexasMonthly, January 20, 2018
- “How Can We Help Put a Human Face on Climate Change,” The Revelator, January 16, 2018
- “Should Big Oil Pay For Climate Change?” OilPrice.com, January 11, 2018
- “Exxon Prepares To Sue California Cities over Climate Change Claims,” Legal Insurrection, January 11, 2018
- “New York City Sues Oil Companies Over Climate Change, Says Its Plans to Divest,” InsideClimate News, January 11, 2018
- “New York City sues Shell, ExxonMobil and other oil companies over climate change,” The Washington Post, January 10, 2018
- “Big Apple Sues Big Oil Over Climate Change,” Bloomberg, January 10, 2018
- “New York City Sues Oil Companies in Climate Change Lawsuit — 6th Update,” Fox Business, January 10, 2018
- “Exxon Launches Legal Retaliation Against California Climate Suits,” Climate Liability News, January 10, 2018
- “De Blasio’s Climate Suit Against Big Oil Faces Uphill Battle,” The Village Voice, January 10, 2018
- “Exxon Seeks to Depose Officials Bringing Climate Change Suits,” Bloomberg Law, January 9, 2018
- “Exxon claims California climate change hypocrisy,” CNN Money, January 9, 2018
- “Hawaii Joins Trend: Recognizes Constitutional Right to Safe Climate and Environment,” Climate Liability News, January 5, 2018
- “Lawsuits as Environmental Battleground: A Corporate Trade Group Gets Busy,” NonProfit Quarterly, January 3, 2017
- “Lawsuits as Environmental Battleground: A Corporate Trade Group Gets Busy,” NonProfit Quarterly, January 3, 2017
- “Scientists Can Now Blame Individual Natural Disasters on Climate Change,” Scientific American, January 2, 2018
For a list of past media interviews and mentions, click here