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01 / 05
Climate Litigation Can’t Fix the Past, but It Can Hinder the Future

Blog Post | Environment & Pollution

Climate Litigation Can’t Fix the Past, but It Can Hinder the Future

Dealing with climate change requires technological innovation and economic growth, not legal warfare between nations.

Summary: The International Court of Justice has suggested nations could be held liable for historic greenhouse gas emissions, opening the door to lawsuits over centuries of industrial activity. Yet this approach risks punishing the very innovations that lifted billions out of poverty and advanced human health and flourishing. Lasting progress on climate challenges will come not from courtroom battles, but from technological solutions and continued economic development.


The International Court of Justice’s advisory opinion purporting to establish legal grounds that would allow nations to sue one another over climate damages represents judicial overreach that ignores economic history and threatens global development. While the opinion was undeniably legally adventurous, the framework it envisages would be practically unworkable as well as economically destructive.

The ICJ’s ruling suggests countries can be held liable for historical emissions of planet-warming gases. That creates an accounting nightmare that no legal system can resolve. How does one calculate damages from coal burned in Manchester in 1825 versus emissions from a Beijing power plant in 2025? How does one stack up the harm caused by a warming world against the benefits of industrialization?

Britain began large-scale coal combustion during the Industrial Revolution, when atmospheric CO2 concentrations were 280 parts per million and climate science did not exist. Holding Britain liable for actions taken without knowledge of consequences violates basic principles of jurisprudence. The same applies to the United States, whose early industrialization occurred during an era when maximizing economic output was considered unambiguously beneficial to human welfare.

Critics of historical emissions ignore what those emissions purchased. British coal combustion powered textile mills that clothed much of the world, steam engines that revolutionized transportation, and factories that mass-produced goods previously available only to elites. American industrialization followed, creating assembly lines, electrical grids, and chemical processes that form the backbone of modern civilization.

These developments were not zero-sum exercises in resource extraction. They created knowledge, infrastructure, and institutions that benefited everyone. The steam engine led to internal combustion engines, which enabled mechanized agriculture that now feeds 8 billion people. Coal-powered steel production made possible skyscrapers, bridges, and the infrastructure that supports modern cities, where most humans now live longer, healthier lives than their ancestors.

The data on human welfare improvements since industrialization began are explicit. Global life expectancy increased from approximately 29 years in 1800 to 73 years today. Infant mortality rates fell from over 40 percent to under 3 percent. Extreme poverty, defined as living on less than $2.15 per day in purchasing power parity terms, declined from over 80 percent of the global population in 1800 to under 10 percent today.

Nutrition improved dramatically. Caloric availability per person has increased by roughly 40 percent since 1960 alone, while food prices relative to wages fell consistently. Height, a reliable indicator of childhood nutrition, increased significantly across all regions. Educational attainment expanded from literacy rates below 10 percent globally in 1800 to over 85 percent today.

These improvements correlate directly with energy consumption and industrial development. Countries that industrialized earliest experienced these welfare gains first, then transmitted the knowledge and technology globally. The antibiotics developed in American and European laboratories now save lives worldwide. The agricultural techniques pioneered in industrialized nations now feed populations that would otherwise face starvation.

The International Court of Justice’s liability framework threatens to undermine the very mechanisms that created these welfare improvements. Innovation requires investment, which requires confidence in property rights and legal stability. If successful economic development subjects countries to retroactive liability, the incentive structure tilts away from growth and toward stagnation.

Consider current developing nations. Under this legal framework, should India or Nigeria limit their industrial development to avoid future liability? Should they forgo the coal and natural gas that powered Western development? That creates a perverse situation where the legal system penalizes the exact processes that lifted billions from poverty.

The framework also ignores technological solutions. The same innovative capacity that created the Industrial Revolution is now producing renewable energy technologies, carbon capture systems, and efficiency improvements that address climate concerns without sacrificing development. Market incentives and technological progress offer more promise than legal blame assignment.

Which emissions count as legally actionable? All anthropogenic CO2 remains in the atmosphere for centuries, making every emission since 1750 potentially relevant. Should liability begin with James Watt’s steam engine improvements in 1769? With the first coal-fired power plant? With Henry Ford’s assembly line? The temporal boundaries are arbitrary and politically motivated rather than scientifically determined.

Similarly, which countries qualify as defendants? The largest current emitters include China and India, whose recent emissions dwarf historical American and British totals. China alone now produces more CO2 annually than the United States and Europe combined. Any coherent liability framework must address current emissions, not just historical ones.

And where would the money go? This aspect of the case was brought up by Vanuatu. If the island nation receives compensation from the UK and the US, should it not be obliged to pay the British and the Americans for a plethora of life-enhancing Western discoveries, including electricity, vaccines, the telephone, radio, aviation, internet, refrigeration, and navigation systems?

Climate adaptation and mitigation require technological innovation and economic growth, not legal warfare between nations. The countries that industrialized first possess the technological capacity and institutional knowledge to develop solutions to today’s problems. Channeling resources toward litigation rather than innovation represents a misallocation that benefits lawyers while harming global welfare.

The ICJ opinion reflects wishful thinking rather than practical policy. Legal frameworks cannot repeal economic reality or reverse the historical processes that created modern prosperity. Instead of seeking retroactive justice for emissions that enabled human flourishing, policymakers should focus on technologies and institutions that sustain development while addressing environmental concerns. The alternative is a world where legal systems punish success and innovation while offering nothing constructive in return.

The original version of this article was published in National Review on 8/12/2025.

Banco Bilbao Vizcaya Argentaria | Charity & Aid

1.1 Million Mexicans Lifted Out of Poverty Thanks to Remittances

“During the first nine months of 2025, remittances to Mexico totaled 45,681 million, 5.5% less than the 48,360 million received during the same period in 2024.

Despite this decrease, remittances increased in several states in the central-southern region during the first nine months of the year, notably Chiapas (+1.2%), Oaxaca (+2.0%), Puebla (+1.9%), Guerrero (+4.2%), Veracruz (+0.9%), and Morelos (+1.3%).

1.1 million people in Mexico have been lifted out of multidimensional poverty thanks to remittance transfers. If remittance income is not included in the 2024 measurement, the population living in poverty in Mexico would increase from 38.5 million to 39.6 million people.”

From Banco Bilbao Vizcaya Argentaria.

Blog Post | Pollution

From Waste to Wealth: the Alchemy of Innovation

Environmental challenges can be transformed into economic opportunities.

Summary: Scientists and engineers are finding ways to turn pollution and waste into valuable resources. From recovering fertilizer from toxic lakes to creating biodegradable packaging from farm residues, innovation is transforming environmental problems into opportunities for growth. By reimagining waste as a resource, we can make the planet cleaner while fueling new industries and jobs.


Every summer, toxic algae blooms turn Lake Erie and other US lakes into a green soup, threatening drinking water for millions. Every year, American farmers burn millions of pounds of grain stalks after harvest. And every day, Americans throw away enough packing peanuts to fill an Olympic swimming pool. What if I told you that each of these waste streams could become valuable resources—and that the solutions are emerging from university laboratories right now?

We stand at a unique moment in history. For the first time, we possess the scientific tools to transform our most pressing environmental challenges into economic opportunities. The numbers tell a compelling story. According to the World Bank’s “What a Waste 2.0” report, global waste is projected to rise by 70 percent, from 2.01 billion tons today to 3.4 billion tons in 2050. Yet, the circular economy, or using waste productively to create wealth, could unlock $4.5 trillion in economic benefits by 2030. The question isn’t whether we can afford to innovate—it’s whether we can afford not to.

Three Breakthrough Innovations from North Dakota

The convergence of nanotechnology, materials science, and biotechnology has created unprecedented possibilities for environmental remediation. In a laboratory at North Dakota State University, my research team is developing three innovations that exemplify this waste-to-wealth transformation:

  1. Calcium peroxide nanoparticles that absorb phosphates from polluted lakes and convert them into sustainable fertilizer
  2. Flax-fiber composites that transform agricultural waste into biodegradable packaging materials
  3. Starch-based foam alternatives that replace petroleum-based packing peanuts with compostable materials

These aren’t pie-in-the-sky concepts. They’re practical solutions that could scale from our Fargo lab benches to global implementation within a decade. Here’s how each one works—and why they matter.

Turning Lake Poison into Farm Food

Over 500 “dead zones” now plague our planet’s bodies of water, with the number doubling every decade since the 1960s. These oxygen-depleted areas, caused primarily by phosphate runoff from agriculture, cost the United States $2.4 billion annually in economic losses. The 2014 Toledo water crisis, which left half a million people without access to drinking water for three days, was just a preview of what may come unless we act.

Here’s where nanotechnology can change the game. At our NDSU lab, we’re developing calcium peroxide nanoparticles—imagine particles 5,000-times smaller than the width of a human hair—that act as molecular sponges for phosphate pollution. When deployed in eutrophic (nutrient-rich) lakes, these nanoparticles serve a dual purpose that borders on alchemy: First, they absorb phosphates from the water with an efficiency 500-times greater than conventional materials; second, they slowly release oxygen over 30 days, breathing life back into suffocating bodies of water.

But here’s the truly exquisite part: Those absorbed phosphates don’t disappear. Our research team harvests them to create sustainable fertilizer. Consider the irony—the very phosphates that are killing our lakes came from fertilizer runoff, and now we’re capturing them to make new fertilizer. It’s the circular economy in its purest form.

The timing couldn’t be more perfect. The global phosphate fertilizer market, currently valued at $72 billion, is facing a sustainability crisis. Morocco controls 70 percent of the world’s phosphate rock reserves, and at current extraction rates, most of these reserves will be depleted within a century. By recovering phosphates from water pollution, we’re not just cleaning lakes, we’re securing agriculture’s future. Our preliminary calculations suggest that phosphate recovery from US agricultural runoff alone could replace 15 percent of imported phosphate fertilizer, saving farmers billions while restoring water quality.

From Farm Waste to Amazon Packages

The second innovation transforms an agricultural nuisance into packaging gold. North Dakota grows 90,000 acres of flax annually, primarily for the valuable oil in its seeds. But after harvest, millions of pounds of stalks are typically burned or buried, a waste of remarkably strong natural fibers that have been used for over 30,000 years for textiles, food, paper, and medicine.

At our NDSU lab, we’re extracting these fibers and mixing them with biodegradable polymer matrices to create packaging materials that rival petroleum-based plastics in performance while completely biodegrading in three to six months. The resulting composite materials achieve tensile strengths of 50–70 megapascals—stronger than many conventional plastics—using 35 percent less energy to produce.

The market is hungry for such solutions. The biodegradable packaging sector is experiencing rapid growth, projected to reach $922 billion by 2034. More important, consumers are voting with their wallets: 82 percent say they’ll pay premiums for sustainable packaging, and 39 percent have already switched brands for better environmental practices. Major corporations aren’t waiting. Dell already uses mushroom-based packaging grown on agricultural waste, while IKEA has committed millions of dollars to eliminate polystyrene entirely.

North Dakota sits on a gold mine of opportunity. The state’s two million acres of various crops produce enormous volumes of agricultural residue. By viewing these stalks, husks, and shells not as waste but as industrial feedstock, North Dakota could become a hub for sustainable packaging materials. A single processing facility could create 200 rural jobs while generating $50 million in annual revenue from materials currently worth nothing.

Replacing Satan’s Snowflakes

The third innovation addresses what some environmentalists refer to as “Satan’s snowflakes”—namely, those infuriating polystyrene packing peanuts that seem to multiply in your garage and never decompose. Americans generate enough polystyrene waste to circle the Earth in a chain of coffee cups every four months. This material persists for 500 to one million years, breaking into microplastics that contaminate our food chain.

In our NDSU lab, we’re developing starch-based foam alternatives using corn, wheat, and potatoes, all crops that North Dakota grows in abundance. These “bio-peanuts” dissolve completely in water, compost within 90 days, and require just 12 percent of the energy needed to produce traditional polystyrene. They even eliminate the static cling that makes unpacking electronics feel like wrestling an electric eel.

The economics are compelling. Companies such as electronics retailer Crutchfield report saving $70,000 to $120,000 annually in freight costs after switching to lighter, bio-based packing materials. With 11 states and 250 cities already banning polystyrene foam, and the European Union implementing strict regulations on single-use plastics, the market for alternatives isn’t only growing, it’s becoming mandatory.

Perhaps the most profound impact is psychological. Every online purchase delivered with biodegradable packing materials sends a message: Modern conveniences can be maintained without mortgaging the environment. While a small victory, such progress is building momentum for larger, more significant changes.

The Scaling Potential: From Lab to Global Impact

The opportunity is enormous: If just 10 percent of US agricultural waste were converted to packaging materials, it would replace 33 million tons of petroleum-based plastics annually. If our phosphate recovery technology were deployed in the 100 most-polluted lakes globally, it could recover enough phosphorus to fertilize five million acres of farmland while restoring recreational value worth $10 billion.

These aren’t distant possibilities—our NDSU innovations are progressing through the typical stages: proof of concept, pilot testing, demonstrations, and commercialization. We’re currently in pilot testing, with plans for field demonstrations next year. Industry partners have expressed strong interest, particularly from agricultural cooperatives seeking value-added opportunities for crop residues.

Innovation Beats Despair: Lessons from Environmental History

Some critics might ask, “Aren’t these solutions just Band-Aids on the gaping wound of industrial civilization?” Such a question, however, misses the profound lesson of environmental history. Every major pollution crisis we’ve faced, from London’s killer smog to acid rain and the ozone hole, seemed insurmountable until human ingenuity proved otherwise.

Consider the track record. Since 1970, the United States has reduced major air pollutants by 78 percent while increasing gross domestic product by 321 percent. The Montreal Protocol has eliminated 99 percent of ozone-depleting substances, saving approximately two million people from skin cancer each year. Acid rain, once predicted to cost $6 billion annually to address, was solved for less than $2 billion per year. These victories weren’t achieved by abandoning modern life but by making modernity cleaner and more efficient.

The same patterns are emerging in clean technology. Solar panel costs have plummeted 90 percent in the past decade. Renewable energy is often among the lowest-cost power sources, especially when comparing marginal generation costs. When accounting for storage or backup needs, however, total system costs can vary by region and grid mix. Battery prices have decreased by 97 percent over the past 30 years. Each follows Wright’s Law—costs decline predictably as production scales. Our NDSU waste-to-resource innovations will follow similar trajectories.

The investment community recognizes this potential. Clean technology attracted $1.8 trillion in investments globally in 2023, surpassing fossil fuel investments for the first time. The bioeconomy, currently valued at $4 trillion, is projected to reach $30 trillion by 2050. These aren’t charitable donations, but rather hard-nosed bets on profitable technologies that happen to benefit the planet.

From Lab Bench to Marketplace

Numerous university spin-offs have traveled the well-worn path from laboratory to marketplace. Companies such as Membrion (ceramic membranes developed at the University of Washington) and Integricote (nanocoatings developed at the University of Houston) demonstrate that academic innovations can achieve commercial success while addressing environmental challenges.

The Optimistic Imperative

The waste crises facing our generation are real and urgent—but so is our capacity to transform them into opportunities for prosperity. The toxic algae choking our lakes could become tomorrow’s sustainable fertilizer. The agricultural waste burning in our fields could become the packaging protecting tomorrow’s e-commerce deliveries. The petroleum-based foams polluting our oceans could be replaced by materials that harmlessly dissolve back into the earth.

This transformation, however, won’t happen automatically. It requires continued investment in research, supportive policies that incentivize innovation over incineration, and entrepreneurs willing to scale laboratory successes into industrial realities. The trajectory is clear: Waste is becoming wealth, pollution is becoming profit, and environmental restoration is becoming economic opportunity.

From my lab bench in Fargo, I see a future in which every environmental challenge sparks a thousand innovative solutions, every waste stream becomes a value stream, and the same human ingenuity that created these problems engineers their solutions. That’s human progress at its finest.

Center for Global Development | Poverty Rates

Latin American Poverty Drops by Nearly Half in 20 Years

“Poverty in the region [of Latin America] has dropped by nearly half over the past 20 years, from 58 percent in 2003 to 30 percent in 2023, equivalent to a decline of 28 percentage points (Figure 5A). Argentina, Chile, the Dominican Republic, and Brazil have experienced the most significant reductions in poverty during this period, with decreases between 31 and 61 percentage points. The trend is downward in all but three countries. In Guatemala and Honduras, poverty has remained roughly constant over the available data period. Venezuela is the only country where poverty has increased overall, from 65 to 71 percent during this period.”

From Center for Global Development.

World Bank | Poverty Rates

Tajikistan’s Remarkable Poverty Reduction over past Decade

“Over the past decade, Tajikistan has achieved a remarkable poverty reduction, with the national poverty rate dropping from 56 percent in 2010 to just below 20 percent in 2024.

During the same period, the share of middle-class households — defined as those living on more than $15 per person a day — quadrupled from 8 to 33 percent, signaling profound improvements in living standards.”

From World Bank.