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PALGRAVE STUDIES IN CLASSICAL LIBERALISM SERIES EDITORS: DAVID F. HARDWICK · LESLIE MARSH Climate Liberalism Perspectives on Liberty, Property and Pollution Edited by Jonathan H. Adler Palgrave Studies in Classical Liberalism Series Editors David F. Hardwick, Department of Pathology and Laboratory Medicine, The University of British Columbia, Vancouver, BC, Canada Leslie Marsh, Department of Economics, Philosophy and Political Science, The University of British Columbia, Okanagan, BC, Canada This series offers a forum to writers concerned that the central presup- positions of the liberal tradition have been severely corroded, neglected, or misappropriated by overly rationalistic and constructivist approaches. The hardest-won achievement of the liberal tradition has been the wrestling of epistemic independence from overwhelming concentrations of power, monopolies and capricious zealotries. The very precondition of knowledge is the exploitation of the epistemic virtues accorded by society’s situated and distributed manifold of spontaneous orders, the DNA of the modern civil condition. With the confluence of interest in situated and distributed liberalism emanating from the Scottish tradition, Austrian and behavioral economics, non-Cartesian philosophy and moral psychology, the editors are soliciting proposals that speak to this multidisciplinary constituency. Sole or joint authorship submissions are welcome as are edited collec- tions, broadly theoretical or topical in nature. Jonathan H. Adler Editor Climate Liberalism Perspectives on Liberty, Property and Pollution Editor Jonathan H. Adler School of Law Case Western Reserve University Cleveland, OH, USA ISSN 2662-6470 ISSN 2662-6489 (electronic) Palgrave Studies in Classical Liberalism ISBN 978-3-031-21107-2 ISBN 978-3-031-21108-9 (eBook) https://doi.org/10.1007/978-3-031-21108-9 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: © Pattadis Walarput/Alamy Stock Photo This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Acknowledgments This book grew out of a collaborative project between the Institute for Humane Studies and the Coleman P. Burke Center for Environ- mental Law at Case Western Reserve University School of Law exploring what, if anything, classical liberalism had to offer in the search for effec- tive and meaningful climate change policy. Among other things, the project included a discussion colloquium and interdisciplinary work- shop. Funding for this project was provided by the John Templeton Foundation and the Institute for Humane Studies. Many people contributed to making the aforementioned programs successful and helping to lay the foundations for this volume. They include Michael Brodrick, Eric Claeys, Allison Grant, Patricia Harbold, Dagney Hatfield, Andrew Morriss, Maria Rogacheva, Lyman Stone, Katherine Wright, Marty Zupan, and especially Greg Wolcott, whose contributions were essential at all stages of this work. Thanks are also due to Leslie Marsh, who believed this volume would make a useful contri- bution to the Palgrave Studies in Classical Liberalism series, and those at Palgrave and Springer who helped shepherd this project to completion, including Ellie Duncan and Hemapriya Eswanth. v vi Acknowledgments In addition to the above, I would like to thank Akua Oppong and Kory Roth for research and administrative assistance in getting the manuscript together, Elissa Tenant for administrative support, Lisa Peters in the Case Western Reserve University Law Library, and anyone else who I am neglecting who helped me get this project across the finish line. And, as with everything I do, this would not be possible without the continuing love and support of my family, for which I am eternally grateful. Contents Introduction 1 Jonathan H. Adler Pollution and Natural Rights 25 Billy Christmas Do Libertarians Have Anything Useful to Contribute to Climate Change Policy? 53 Daniel H. Cole Climate Change Adaptation Through the Prism of Individual Rights 79 David Dana Common Law Tort as a Transitional Regulatory Regime: A New Perspective on Climate Change Litigation 103 Catherine M. Sharkey Libertarianism, Pollution, and the Limits of Court Adjudication 129 Dan C. Shahar vii viii Contents Complexities of Climate Governance in Multidimensional Property Regimes 155 Karen Bradshaw and Monika Ehrman Climate Change and Class Actions 183 Brian T. Fitzpatrick Nature and the Firm 203 Jonathan H. Adler Permission, Prohibition, and Dynamism 227 John Thrasher Market Solutions to Large Number Environmental Problem-Induced Changes in Risk Distributions 251 Andrew P. Morriss A Classical Liberal Case for Target-Consistent Carbon Pricing 291 Ed Dolan Climate Change, Political Economy, and the Problem of Comparative Institutions Analysis 309 Mark Pennington The Social Cost of Carbon, Humility, and Overlapping Consensus on Climate Policy 335 Mark Budolfson Index 367 Notes on Contributors Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law, and a Senior Fellow at the Property and Environment Research Center. His previous books include Marijuana Federalism: Uncle Sam and Mary Jane, Busi- ness and the Roberts Court , andR ebuilding the Ark: New Perspectives on Endangered Species Act Reform. Karen Bradshaw is Professor at the Sandra Day O’Connor College of Law and Senior Global Futures Scientist for the Julie Ann Wrigley Global Futures Laboratory at Arizona State University. Mark Budolfson is currently Assistant Professor in Environmental Health Sciences, Population-Level Bioethics, and Philosophy at Rutgers University, and Associate Member of the Princeton University Climate Futures Initiative, as well as a Faculty Affiliate at the University of Vermont Gund Institute for Environment. ix