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An Autopsy of the Clean Power Plan

ELQ Journal

April 12th 2017

John Copeland Nagle* [ download PDF ] The Clean Power Plan (CPP) was supposed to be great. The Environmental Protection Agency (EPA) celebrated its regulation as “a historic and important step,” “fair, flexible and designed to strengthen the fast-growing trend toward cleaner and lower-polluting American energy,” providing “national consistency, accountability ...

Enough Horsing Around

Computer Courage

March 3rd 2017

Joseph Godio Joseph Godio is the Senior Editor of Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate (ELRS). I. Introduction New York City is a city thought by many to be one of the most incredible, majestic, and beautiful cities in the world. Its prominence ...

Bridging the Divide: Incorporating Interflow into Legal Discourse on Surface Water-Groundwater Interactions

ELQ Journal

March 3rd 2017

Reshmina William* and A. Bryan Endres**  [ download PDF ] Introduction Despite the traditional separation of groundwater and surface water in academic and legal literature, both systems are in fact tightly interconnected. This artificial distinction persists due to the idea that groundwater movement takes place on a much larger timescale ...

Climate Change Regulation Through Litigation: New York’s Investigation of ExxonMobil under the Martin Act

Computer Courage

February 24th 2017

Chris Erickson Chris Erickson is a Junior Editor of the Michigan Journal of Environmental and Administrative Law at the University of Michigan Law School. This post is part of the Environmental Law Review Syndicate (ELRS). In November 2015, New York Attorney General Eric Schneiderman began an investigation into whether ExxonMobil ...

Race Judicata

Computer Courage

January 28th 2017

Race Judicata is a 5/10k race around the UC Berkeley campus sponsored by ELQ. Race Judicata raises funds for fellowships to support unpaid summer public interest and public sector positions. Come join us and run for a worthy cause.

Annual Banquet

Computer Courage

January 28th 2017

At this fundraising banquet, ELQ honors not only influential members of the environmental community through the Environmental Leadership Award but also sponsors the year’s best student writers with our writing awards.

The Legislative History of the National Park Service’s Conservation and Nonimpairment Mandate

ELQ Journal

December 19th 2016

Caitlin Brown Caitlin Brown is a 3L at Berkeley Law and Co-Editor in Chief of Ecology Law Quarterly. This post is part of the Environmental Law Review Syndicate (ELRS).   Introduction The National Park Service manages over 84 million acres of land divided between 413 different sites, and in 2015 ...

Our Money is Safe, but the Planet Is Not: How the Carbon Bubble Will Cause Havoc for the Environment, but Not the Stock Market

ELQ Journal

December 13th 2016

Breanna Hayes Breanna Hayes is the Managing Editor of the Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate (ELRS).                  I.              Introduction Human use of fossil fuels dates back to prehistoric times.[1]  Before the Industrial Revolution, ...

The Importance of GIS in Emergency Management

ELQ Journal

November 27th 2016

Monika Holser Monika Holser is a 2L at UCLA School of Law. This post is part of the Environmental Law Review Syndicate (ELRS). GIS (geographic information system) is a computer system for “capturing, storing, checking, and displaying data related to positions on the Earth’s surface.”[1]  It allows multiple layers of ...

Judging a Book by its Cover: The Tension between Evidentiary Gatekeeping and Compensatory Theories of Tort

ELQ Journal

November 19th 2016

 Julie Amadeo Julie Amadeo is 2016 J.D. graduate of New York University School of Law. This article has been adapted from a larger work for the purposes of the Environmental Law Review Syndicate (ELRS).              I.              Introduction Human minds are primed to jump to conclusions. ...

Constitutions and the Environment: Comparative Approaches to Environmental Protection and the Struggle to Translate Rights into Enforcement

ELQ Journal

November 13th 2016

Kyle Burns* Kyle Burns is a 3L at the University of Virginia School of Law. This post is part of the Environmental Law Review Syndicate (ELRS).   Introduction Every nation around the world faces ecological hardships. Almost every nation has responded with a legal regime that attempts to ensure environmental protection. ...

With Energy Law Federalism Under Construction, State Policymaking May Be Delayed

ELQ Journal

November 13th 2016

John Bullock* John Bullock is a J.D. Candidate at Harvard Law School. This post is part of the Environmental Law Review Syndicate (ELRS).   Introduction As the public has become more aware of the intense connection between the practices of electric utilities and greenhouse gas emissions, interested groups have shone ...

Pipelines, Protests and General Permits

ELQ Journal

October 30th 2016

Samantha L. Varsalona Samantha Varsalona is a 2L at Georgetown University Law Center and Staff Member of Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate (ELRS). Abstract The Dakota Access Pipeline (DAPL) has become a contentious topic in recent months. The controversy centers around ...

An Ecology of Liberation: The Shifting Landscape of Environmental Law in an Era of Changing Environmental Values

ELQ Journal

October 21st 2016

Michael Zielinski Michael Zielinski is a 3L at William & Mary Law School.[1] This post is part of the Environmental Law Review Syndicate (ELRS).    I.      Introduction In 1971, the Peruvian theologian and Dominican priest Gustavo Gutiérrez published his seminal work, A Theology of Liberation, in which he advocated an activist ...

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

ELQ Journal

October 21st 2016

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 ...

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

ELQ Journal

October 14th 2016

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 ...

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

ELQ Journal

May 26th 2016

 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 ...

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

ELQ Journal

May 2nd 2016

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 ...

Ethical Convergence and the Endangered Species Act

ELQ Journal

April 25th 2016

Caitlin Troyer Busch Caitlin Troyer Busch is a 2L at Stanford Law School. This post is part of the Environmental Law Review Syndicate. Introduction The Endangered Species Act (ESA) is both lauded and criticized as one of the most powerful environmental laws ever enacted. Proponents of the law praise it ...

Adapting the Paris Agreement

ELQ Journal

April 18th 2016

Bonnie Smith Bonnie Smith is the Staff Editor at the Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. Introduction For the first time in the history of international climate negotiations, adaptation has its own article in a legal text. Even more striking is ...

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