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A California Environmental Court to Adjudicate Climate Change

Climate change creates mitigation and adaptation needs across the country, especially in California, which faces flooding, erosion, fire, and extreme weather. To armor against the rising tide of climate change and its accompanying flood of litigation, California should create a specialized environmental court to adjudicate state climate issues. (read more)

Closing the Ocean Fracking Gap: EPA Leadership Is Needed to Regulate Aging Rigs and Evolving Risks Offshore

This Note explores how fracking has slipped through the cracks in a closely regulated industry. Examining the root of the problem, this Note outlines how we might design an administrative apparatus to address emerging environmental harms in the context of aging oil and gas infrastructure. (read more)

Protecting Species and Timber Communities from Extinction: A Case Study on Spotted Owls, Logging, and Cooperative Management in Western Lane County, Oregon

This Note uses western Lane County as a case study to diagnose sticking points in conservation under the ESA and prescribe characteristics of management strategies more likely to sustain both resource extraction-dependent communities and populations of listed specie (read more)

What's New

Volume 51.3 Front Matter

Sophie Allan

September 15th 2025

Ecology Law Quarterly Volume 51.3 Front Matter

Volume 51.3 Table of Contents

Sophie Allan

September 15th 2025

Ecology Law Quarterly Volume 51.3 Table of Contents

Public Trust and Water Rights: A Western States Update

Sophie Allan

September 15th 2025

Through a state-by-state review, this Article explores the diverse state responses to the public trust doctrine. This overdue review provides valuable context for practitioners, scholars, and jurists wrestling with the integration of the public trust and water rights. The article sets the stage for the next forty years of water ...

Shifty Air: Environmental Justice and the Working Class

Sophie Allan

September 15th 2025

This Article sets out to expose and examine an overlooked dimension of environmental justice scholarship—the differential treatment of the working class.

Overselling BIL and IRA

Sophie Allan

September 15th 2025

This Article argues that the Bipartisan Infrastructure Law (BIL) and Inflation Reduction Act (IRA) were less likely to reduce U.S. greenhouse gas emissions than believed when enacted, and that a misconceived narrative of spending effectiveness undercut the perceived urgency of further legislative action on climate change in the United States.

Private Law for Land Back

Sophie Allan

September 15th 2025

This Article describes the emerging role of private entities in returning land and land access to Indigenous peoples.

Worth a Double Take: The Removal of “Harm” from the Endangered Species Act

Olivia Grimes

September 4th 2025

Irrespective of the method of interpretation, the ESA is clearly designed to protect endangered and threatened species, as well as their habitats, to the greatest extent possible. Removing the definition of “harm” will prevent enforcement of the ESA against ongoing actions and render incidental taking permits nearly useless. Without effective ...

Judicial Stays of Agency Actions: Amplifying the Public Interest Factor in Ohio v. EPA

Olivia Grimes

July 20th 2025

Federal courts have the tremendous power to grant stays, which temporarily stop administrative agencies from implementing and enforcing new regulations. By delaying the benefits or harms of agency actions, these stays can have wide-ranging impacts, even before courts decide the legality of those actions. But the Supreme Court infrequently adheres ...

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