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Building to Burn? Permitting Exurban Housing Development in High Fire Hazard Zones

To understand how well CEQA is addressing wildland-urban interface development, we analyzed data on environmental review for housing projects in three large exurban counties and additional cities with substantial wildland-urban interface areas. Our results indicate that CEQA and local land-use regulation may not be adequately addressing wildland-urban interface development in California. However, any policy response must also recognize the dire housing shortage in the state. Balancing the goals of reducing fire risk and increasing housing production suggests that increased housing development in low fire hazard urban infill areas, and a regional-level planning structure to properly plan for fire hazards, may be appropriate policy responses.

Jun 29, 2022

Climate Liability for Wildfire Emissions from Federal Forests

This Symposium Article focuses on the issue of wildfire emissions from federal forests and the challenges that wildfire emissions, and forests generally, pose for climate policy.

Jun 29, 2022

Historical and Current Insights on Environmental Health and Agricultural Guestworkers

Historically, during times of perceived labor shortages in the U.S. agricultural industry, the federal government has enacted policies to ensure the availability of temporary agricultural guestworkers. The current H-2A Temporary Agricultural Guestworker program has been in place for decades, and its use is expanding rapidly. Yet, policies that guarantee a stream of agricultural workers have

Jun 29, 2022

Foreword: A Burning Issue

Is there any escape from the consequences of man’s near-Promethean arrogance with fire? In spring 2021, ELQ and the Center for Law, Energy, and the Environment at UC Berkeley School of Law centered this question in a half-day virtual symposium. The event brought academics, students, activists, and regulators into conversation about five burning issues: Federal

Jun 29, 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.

Environmental Impact Assessment in North Korean Environmental Law: Origins, Evolution, and a Comparative Analysis

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.

Nov 13, 2021

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