Advisory committees serve vital roles in the Environmental Protection Agency (EPA) and other federal agencies. At EPA, advisory committees review the scientific basis of the agency’s decision making, revise air quality standards, and advise the agency on its research program, among other functions. In 2017, EPA issued a directive titled “Strengthening and Improving Membership on EPA Federal Advisory Committees” (“Directive”). The Directive announced that EPA would no longer allow EPA grant recipients to serve on the agency’s advisory committees. This policy resulted in an apparent industry tilt on EPA scientific committees after grant-receiving academic scientists were removed and replaced with scientists with industry ties. The Directive was ultimately the subject of three separate lawsuits, all which resulted either in the Directive being struck down or in the reversal of a trial court decision in favor of EPA.
Mar 15, 2022
After seven years of organizing, the Bears Ears Inter-Tribal Coalition— made up of the Hopi, Navajo, Uintah and Ouray Ute, Ute Mountain Ute, and Zuni Nations—secured the protection of 1.35 million acres of federal public land within the boundaries of the state of Utah. The land included the twin Bears Ears buttes, which rose to the south above Cedar Mesa, a cultural landscape sacred to these five Native Nations and many others.
Mar 15, 2022
After introducing the challenge of adapting water and energy systems to climate change, this Article synthesizes prior multidisciplinary work on algorithmic decision making and modeling-informed governance—bringing together the works of early climate scientists and contemporary leaders in algorithmic decision making. From this synthesis, this Article presents a framework for analyzing how well these tools integrate principles of equity, including procedural and substantive fairness—both of which are essential to democracy.
This Article details how the marginalization of transgender people aggravates the environmental harms that they experience, thus demanding the proactive, facilitated involvement of the transgender community in environmental outreach and response. While transgender rights continue to achieve public acknowledgment, transgender people remain almost forgotten in scientific, policy, and legal literature concerning environmental inequities. This Article thus proposes a foundation of policy and practice to adopt a more queerand transgender-inclusive perspective for meaningful involvement in environmental law in order to safeguard the lives of transgender people that hang in the balance.
Although the working-from-home transition has been underway for some time, it accelerated dramatically during the COVID-19 pandemic, and it may lead to permanent shifts in the workplace for millions of employees. Using an efficiency and justice lens, this Article examines the standards regarding working-from-home emissions and concludes that undercounting could occur, could unfairly burden workers, and could increase net emissions. The Article proposes changes in emissions reporting standards to address these concerns, including amending or interpreting the standards to require employers to account for employee working-from-home-related emissions in corporate emissions reports.
We are honored to introduce the Ecology Law Quarterly’s 2020–21 Annual Review of Environmental and Natural Resource Law. Now in its twenty-second year, the Annual Review is a collaborative endeavor of students and faculty. But the greatest contributors to the Annual Review are Ecology Law Quarterly's (ELQ) editorial board and members. ELQ continues to be the leading journal in the field because of their passion and commitment.
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.
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.
This Article will explore the little-known legal tools that North Korea has adopted in order to address environmental issues, with a specific focus on the Environmental Protection Law (1986) and the Environmental Impact Assessment Law (2005), because environmental impact assessment can serve as a barometer of the socialist country’s environmental policy.
Popular news outlets have effectively covered how homeowners living in high fire risk areas find it increasingly difficult to obtain property insurance. However, there is very little public discussion of, and little scholarship on, how California’s rules against using current and future risk data – including cutting edge climate science – in insurance premiums contributes to this difficulty.