Sevan Nahabedian
Volume 77, Issue 5, 1407-1438
As the climate crisis worsens, climate engineering—a previously disfavored tool—appears more attractive. Stratospheric aerosol injection (“SAI”), the most promising climate engineering technique, mimics the cooling effect of volcanic eruptions by dispersing aerosols at high altitudes to deflect solar radiation. Private actors have already begun deploying SAI with minimal oversight and interest in large-scale deployment of SAI continues to grow. As other commentators describe, SAI is harsh medicine; it carries serious risks, but many experts think it is necessary to avoid the worst consequences of climate change. While critics call for an all-out ban, operators are free to experiment or implement so long as they merely report their activities to the National Oceanic and Atmospheric Administration (“NOAA”) under the Weather Modification Reporting Act of 1972 (“WMRA”) unless their actions fortuitously trigger other federal or state environmental statutes. This Note rejects both a categorical prohibition on SAI and the existing reporting regime and argues that NOAA possesses statutory authorization under the WMRA to meaningfully regulate SAI. Part I surveys the history and modern implementations of SAI. Part II contemplates the most likely private-sector SAI project to develop. Part III proposes a tiered regulatory framework that categorizes activities as either high-impact or lower-impact and requires public notification for high-impact activities. This proposed framework would fill existing gaps in the regulation of SAI by creating transparency and leveraging the deterrent effect that flows from public notification.