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Ecology Law Currents is the online-only publication of Ecology Law Quarterly, one of the nation’s most respected and widely read environmental law journals. Currents features short-form commentary and analysis on timely environmental law and policy issues.

Science and Deference: The “Best Available Science” Mandate is a Fiction in the Ninth Circuit

Elizabeth Kuhn  Elizabeth Kuhn is a 3L at Lewis & Clark Law School. This post is part of the Environmental Law Review Syndicate (ELRS). I.       Introduction Many recent decisions by the Ninth Circuit[1] have required the court to review agency actions under the Administrative Procedure Act[2] (APA) arbitrary or capricious standard.[3]  The Supreme Court has

Oct 21, 2016

WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow

Hume Ross This post is part of the Environmental Law Review Syndicate (ELRS).   I.       Introduction Before World War II, Japanese Admiral Yamamoto wrote: “Because I have seen the motor industry in Detroit and the oilfields of Texas, I know Japan has no chance if she goes to war with America, or if she starts

Oct 14, 2016

Congress Must Act To Fully Fund the Land and Water Conservation Fund

 Andrew J. Lewis* [ Click Here to Comment ][ download PDF ]   Introduction This past summer my family celebrated my grandfather’s 90th birthday by walking the Civil War battlefield at Chancellorsville Virginia. The battlefield forms a section of the Fredericksburg and Spotsylvania National Military Park, 7600 acres of rural Virginia stitched together by twenty-three

A Primer on Rails-to-Trails Conversions in the Eastern U.S.

Garrett M. Gee Garrett M. Gee is a 3L at William & Mary Law School and staff member of William & Mary Environmental Law and Policy Review. This post is part of the Environmental Law Review Syndicate.   The Rails-to-Trails Act ("Trails Act") provides localities and nonprofits with a useful tool for transforming dormant rail

May 02, 2016