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The Legitimacy of Judicial Climate Engagement

Courts in key climate change cases have abdicated their constitutional responsibility to protect a prejudiced and disenfranchised group (nonvoting minors and future generations) and remedy an insidious pathology in public discourse and the political process: the industry-funded climate disinformation campaign. This Article posits that this abdication results from courts’ uneasiness about displacing the prerogatives of democratically elected bodies.

Apr 01, 2020

Governing Cooperative Approaches under the Paris Agreement

Parties to the Paris Agreement can engage in voluntary cooperation and use internationally transferred mitigation outcomes towards their national climate pledges. Doing so promises to lower the cost of achieving agreed climate objectives, which allows countries to increase their mitigation efforts with given resources.

Apr 01, 2020

Does NEPA Help or Harm ESA Critical Habitat Designations? An Assessment of Over 600 Critical Habitat Rules

The National Environmental Policy Act (NEPA) is the centerpiece of federal environmental law. This “broadest and perhaps most important” of environmental laws requires federal agencies to publicly weigh environmental impacts before proceeding with federal actions. NEPA has been criticized because it can delay development. Other critics describe NEPA as “bureaucratic red-tape” and claim that repealing NEPA “would not make a whit of difference to the environment or public health.”

Apr 01, 2020

The Paris Agreement in the 2020s: Breakdown or Breakup?

Just four years after the adoption of the Paris Agreement, there are serious warning signs that the Agreement could unravel in the 2020s. Not only did President Trump’s 2017 withdrawal announcement damage the universality and reciprocity of the Agreement, but many parties are not on track to reach their own voluntary carbon reduction pledges.

Apr 01, 2020


A Polymer Problem: How Plastic Production and Consumption is Polluting our Oceans

Typically, when a new product comes on the scene, it takes several generations to evaluate its use and environmental impact. However, synthetic plastics really only began to take over around 50 years ago, and we’re already seeing a movement to ban, or at least drastically reduce, the material.

Conduit to Tribal and Environmental Justice? Unpacking Washington v. United States

Popularly referred to by the general public in Washington State as “the culvert case,” Washington v. United States (“Washington V”) has ramifications beyond the removal of barrier culverts precluding safe fish passage. This case brought together several lingering and hotly contested legal issues

Jan 14, 2019

A Blooming Problem: How Florida Could Address the Causes and Effects of Red Tide

Florida’s southwest coast, once a haven to wildlife and tourists alike, is experiencing one of the worst red tides in recent memory. Red tides, harmful algae blooms (“HABs”) which often have a red hue which affect both inland and coastal waterways, are common occurrences in Florida

Nov 27, 2018

State and Local Control of Federal Lands: New Developments in the Transfer of Federal Lands Movement

The history of federal public lands is one of national interests, not those of any particular state or county government. It was the federal government, not western states, that acquired these lands through “purchase or conquest.” After an early period of federal land sales and disposals, much of the public lands


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