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Public Investment in Climate Resiliency: Lessons from the Law and Economics of Natural Disasters

Despite an uptick in legal scholarship addressing resiliency and climate adaptation in general, very little of it analyzes the historic disparity between greater ex post public expenditures to recover from disasters and relatively smaller ex ante investments in disaster preparedness and prevention. This Article addresses the gap in the literature and identifies the circumstances under which investments in disaster preparedness and prevention occur. It concludes that, although these investments are more likely to occur than the public choice scholarship suggests, they face challenges that the public choice claim masks.

Oct 02, 2022

The Insect Apocalypse: Legal Solutions for Protecting Life on Earth

In this Article, we explore the problem of beneficial insect population decline and evaluate the utility of existing federal law to reverse the trend. We offer solutions that can be implemented by the U.S. Environmental Protection Agency (EPA) under existing federal laws without the need for additional congressional action.

Oct 02, 2022

Radical Climate Adaptation in Antarctica

This Article’s central claim is that the governance challenges posed by radical adaptation in Antarctica are surmountable. Geopolitical and security interests may make states more willing than is now evident to explore ice-sheet stabilization and amend the Antarctic Treaty System accordingly. Moreover, the legitimacy of the system relies on the perception that Antarctica is competently governed with adequate regard for global interests—a perception that would be greatly strengthened by vigorous and effective efforts to understand and, if appropriate, execute interventions to slow the continent’s contribution to sea level rise.

Oct 02, 2022

Air Pollution and Environmental Justice

This Article is organized as follows. Part I details the increasingly broad domain of environmental justice concerns, from beginnings focused on the negative impacts of waste sites on disadvantaged communities to more attention over the last two years on the relationship between COVID-19 death rates and high particulate matter concentrations. Part II shows that disadvantaged communities are subject to higher particulate matter exposure, and finds that, as a result of both this higher exposure and higher susceptibility, they experience significantly worse health outcomes. Turning to the policy front, Part III details how environmental justice claims were cast aside by EPA in the revisions of the NAAQS for particulate matter. Finally, Part IV explains how, because of a lack of political will and some technical challenges, EPA has institutionalized a state of permanent nonattainment with the NAAQS despite the deleterious environmental justice consequences of this action. The Article concludes with a brief, more optimistic blueprint for future action.

Oct 02, 2022
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LATEST CURRENTS

So You Want to be an Environmental Law Professor… An Empirical Analysis of the Environmental Law Hiring Market from 2011 - 2022

Using data collected by Professor Sarah Lawsky for her annual entry level hiring report, I analyzed trends in the hiring of environmental law professors (“ELPs”) from 2011 2022. With this Analysis, I provide insight into the hiring market for environmental law professors. I hope this Analysis is useful and edifying for both aspiring environmental law professors and those in positions of hiring authority within the academy.

Nov 23, 2022

Holey Cow: The Legal Exploitation of Cattle in the United States

This paper aims to unearth patterns, successes, and shortcomings of the legal landscape for cattle in the United States. While U.S. law occasionally works to protect cattle against human exploitation, it is not enough. Instead, the United States’ legal approaches to cattle activity should strive to develop empathy and compassion for cattle, in turn promoting and protecting their health and welfare.

Sep 21, 2022

Evaluating COVID-19 In Prisons As An Environmental Justice Issue

The coronavirus (COVID-19) pandemic has underscored the racial, social, and economic disparities that have long plagued every part of American society—including the health of our environment. Given the disproportionate impact of COVID-19 on minority communities across the country, government officials have focused their efforts on an equitable COVID-19 response. These efforts, however, have ignored marginalized individuals who are incarcerated. With its interdisciplinary approach, the environmental justice framework may provide a meaningful tool to effectively respond to the impact of COVID-19 in prisons.

May 17, 2022

The World is My Oyster and Other Tales of Domination: The Critique From Ecosystem Services

This Article levels a critique of resource-driven capitalism and the associated, facilitative property rights from the position of ecosystem services. Pitting nature as resource against nature as ecosystem services reveals that the value of nature lies beyond the price of tradeable goods and that economic regicide results not from regulation of the environment, but from ecosystem degradation.

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Ecology Law Quarterly, one of the nation’s most respected and widely read environmental law journals.