Mark Nevitt

Can a President Unilaterally Withdraw—and Rejoin—the UN Climate Treaty? A historic exit from the climate framework exposes the legal gray zone governing treaty withdrawal and reentry.

On Jan. 7, the Trump administration withdrew the U.S. from more than 60 international agreements and organizations, including the UNFCC. @marknevitt.bsky.social and Anissa Patel explore the legality of the president unilaterally terminating a Senate-ratified treaty.

YouTube video by EmorySchoolofLaw Emory Law 2025 Video Holiday Card

An especially nice holiday video and message done by my colleagues at @emorylaw.bsky.social - well done!

www.youtube.com/watch?v=Re7s...

Climate change is breaking homeowners insurance markets. Join us at #AALS2026 for a panel on the crises unfolding across the country — featuring Amy Bach, Jim Donelon, Kenneth Klein, and @marknevitt.bsky.social, moderated by @tpantin.bsky.social.

📅 Jan 6–9, New Orleans
➡️ am.aals.org/register/

I believe folks know the important work we're doing at @justsecurity.org, especially in these challenging times.

But we made this short video as a reminder!

We really need your support this #GivingTuesday.

For tax-deductible gifts: justsecurity.org/donate/

Why You Should Never (Ever) Use a Leaf Blower—and What to Do Instead Leaf blowers can have many negative effects, including noise pollution, habitat destruction, and much more.

🍂 PSA this Thanksgiving: Gas-powered leaf blowers are environmental disasters. Hour of gas blowing pollutes > a 3,900-mile car trip.

My research for @theregreview.bsky.social in Martha Stewart Living @marthastewartt.bsky.social — because Martha knows better.

www.marthastewart.com/leaf-blower-...

Helpful article in today's @nytimes.com highlights the legal authorities behind the 5 (!) domestic military deployments currently underway or pending in American cities.

@cnas.bsky.social @brennancenter.org @lizagoitein.bsky.social @rgoodlaw.bsky.social

www.nytimes.com/interactive/...

Caribbean Strikes and Collapse of Legal Oversight in U.S. Military Congress and the public must address the pressures imposed on public servants and defend the guardrails that protect U.S. forces and democracy.

“The Caribbean Strikes and the Collapse of Legal Oversight in U.S. Military Operations”

By @seharrison7.bsky.social and @marknevitt.bsky.social

www.justsecurity.org/123172/carib...

Collection: U.S. Lethal Strikes on Suspected Drug Traffickers Collection of expert analysis on the legality of the U.S. strike on Venezuelan vessels in the Caribbean, the consequences of the strike, and related issues.

Interested in the ways that the Caribbean (and Pacific) drug strikes are unlawful?

@justsecurity.org has 15 Articles (!) from experts @becingber.bsky.social @bcfinucane.bsky.social @martylederman.bsky.social @seharrison7.bsky.social @mikeschmitt.bsky.social

www.justsecurity.org/120753/colle...

Terrific to team up with @seharrison7.bsky.social on this and thanks to @rgoodlaw.bsky.social and @tessbridgeman.bsky.social for edits!

In light of Trump’s decision to send CA National Guard to Oregon, I’m re-upping this piece from @cnas.bsky.social on the troubling scenario of sending outside NG to another state against its will. While the statute is different, the core concern remains.

www.cnas.org/publications...

challenge

“Every morning, landscaping companies deploy these gigantic beasts across the city, strapped to workers’ backs like dystopian World War II-era flamethrowers. The enemies are Atlanta’s leaves, and the blowers are determined to disrupt Zoom calls, infants’ naps, and the tranquility of your home.”

Also check out outstanding work by @bcfinucane.bsky.social and @mikeschmitt.bsky.social and @martylederman.bsky.social on this issue.

Labels, Not Law, to Justify Lethal Force: Venezuela Boat Strike A new label does not transform a problem or grant the U.S. president or the U.S. military expanded legal authority to kill civilians.

In light of the second strike on an alleged drug vessel, I’m reupping this article via @justsecurity.org -

www.justsecurity.org/119985/label...

Labels, Not Law, to Justify Lethal Force: Venezuela Boat Strike A new label does not transform a problem or grant the U.S. president or the U.S. military expanded legal authority to kill civilians.

Via @justsecurity.org on the drug vessel strike.

"Labeling these groups . . . does not authorize the use of military force or trigger the military rules that apply in armed conflict."

@bcfinucane.bsky.social @rgoodlaw.bsky.social @tessbridgeman.bsky.social

www.justsecurity.org/119985/label...

Interesting footnote in Judge Breyer's decision on use of the military in California - Chief Bovino of Homeland Security criticized Army General Sherman for his reluctance to use the military in MacArthur Park, "questioning Sherman’s loyalty to the country." @brennancenter.org @justsecurity.org

Thanks Lindsay!

Great analysis, as always via @josephanunn.bsky.social @sreynolds.bsky.social of the @brennancenter.org brain trust!

"The Trump administration is pursuing a maximalist legal approach in deploying the military . . . DC may well be a dry run for even greater reliance on the military to be deployed domestically."

cc @stevevladeck.bsky.social @lizagoitein.bsky.social @chrismirasola.bsky.social

Congress Must Clarify the National Guard’s Section 502 Legal Authorities Understanding the precise scope of the Guard’s legal authorities is important, because Posse Comitatus Act restrictions

In light of WV #National Guard ordered to DC, I'm re-upping this Article via @cnas.bsky.social, calling for reform of a particular statute - 32 USC 502f that is being used as the *likely* legal basis for the deployment.

@josephanunn.bsky.social @lizagoitein.bsky.social

www.cnas.org/publications...

Join us in beautiful #Atlanta, Georgia!

2022 Update: Good Governance Paper No. 6: Domestic Military Operations At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.

@lizagoitein.bsky.social @josephanunn.bsky.social @stevevladeck.bsky.social and I have been arguing for reforming the #DC #National Guard, which is "outdated and dangerous."

Re-upping two articles via @justsecurity.org:

www.justsecurity.org/79971/2022-u...

www.justsecurity.org/74098/why-d-...

Good question. Atlanta influences everything.

If EPA repeals its endangerment finding, the basis for industry’s fervent wish to displace state climate litigation is gone. You CANNOT have it both ways. See: journals.library.wustl.edu/lawreview/ar...

Bob Percival and I wrote this in 2019 in the Washington University Law Review in anticipation of the endangerment finding going away.

Via @lawfaremedia.org some takeaways from the #Texas floods -

- Improve #climate risk information
- Invest in adaptation measures before disaster strikes
- Resource the #CoastGuard
and emergency first responders
-Retreat when necessary
-Fully Fund Science

Honored to be named as part of the @justsecurity.org Editorial Team. Extremely grateful to @rgoodlaw.bsky.social and the Just Security team for taking a chance on me over the years to get my thoughts out on climate change, national security, and use of the military domestically!

The Mounting Crisis of Militarizing Immigration Enforcement When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.

In light of state and local law enforcement doing more immigration enforcement, I’m re-upping this article via @justsecurity.org that highlights the rise of “287g” agreements between #DHS and state/local police and National Guard

> 800 agreements and rising!

www.justsecurity.org/114395/the-m...

Must read from @lawfaremedia.org ‘s brilliant @sranderson.bsky.social

And remember that the other side gets a vote. Lots of US military in Bahrain (5th Fleet) and Gulf states.

The Mounting Crisis of Militarizing Immigration Enforcement When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.

Professor Emeritus William C. Banks and @marknevitt.bsky.social write: The Mounting Crisis of Militarizing Immigration Enforcement at www.justsecurity.org/114395/the-m... #lawsky

Think Globally on Climate, Act Locally on Leaf Blowers | The Regulatory Review Restricting gas-powered leaf blowers can positively affect the health of people and the planet.

www.theregreview.org/2023/02/06/n...