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.
In County of Maui v. Hawai’i Wildlife Fund, the Supreme Court held that “the statute requires a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.” The Court thus confirmed that some discharges traveling from point sources to navigable waters via intermediate nonnavigable and non-point- source “conduits” require permitting under the Clean Water Act. However, the meaning of “functional equivalence” was left ambiguous, and the Court’s proposed list of factors to determine functional equivalence was incomplete. This standard and its attendant factors, if applied incorrectly, risk undermining the purpose of the Clean Water Act.
Since their inception, administrative agencies have played a critical role in setting the trajectory of national regulatory schemes. Over the last several decades, agencies have become increasingly responsive to executive policy positions. Though executive control of agency action has long been accepted as a desirable system of accountability, the increasingly partisan and politicized nature of executive policymaking has consequences, including a lack of transparency and a departure from the legislative purpose for agency regulation.
In 2015, twenty-one youth plaintiffs and environmental activists caught global attention when they sued the United States government for its complicity in perpetuating climate change. Juliana v. United States was likely the highest- profile climate case yet, and the next year, a federal district court judge ruled that the lawsuit could proceed. But in 2020, the plaintiffs lost in the Ninth Circuit where the court held that the plaintiffs lacked standing. Despite this loss, Juliana remains a remarkable case, if anything for the inspiration it provided for potential and future litigants. Indeed, climate litigation has only increased since the Juliana plaintiffs first filed their case, both domestically and internationally
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.
While much attention is shed upon the climate crisis, intimately intertwined—and arguably a bigger threat to human stability—is the biodiversity crisis. In particular, current industrial agricultural systems accelerate biodiversity loss and amplify climate change, which in turn intensifies widespread food insecurity and has left over 800 million people without adequate nutrition. To combat these intertwining crises, global scale policy is imperative to encourage agricultural practices that sustain the earth’s fragile ecosystem and equitably support communities that depend on it.
Ecology Law Quarterly, one of the nation’s most respected and widely read environmental law journals.