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Scalia’s Swan Song: The “Irreconcilability Canon” Resolves the Clean Air Act’s Section 111(d) Drafting Error and Encourages Good Lawmaking

ELQ Journal

March 10th 2016

Brenden Cline Brenden Cline is Editor-in-Chief of the Harvard Environmental Law Review. This post is part of the Environmental Law Review Syndicate. [This] is a ‘rare case.’ It is and should be . . . . But every generation or so a case comes along when this Court needs to ...

Plugging the Regulatory Holes: How to Prevent the Next Aliso Canyon Catastrophe

ELQ Journal

March 8th 2016

Myles Osborne Myles Osborne is a 1L and General Member of the Michigan Journal of Environmental & Administrative Law. This post is part of the Environmental Law Review Syndicate.          In late October 2015, the Southern California Gas Company’s Aliso Canyon Natural Gas Storage Facility began spewing natural gas into ...

BioTransport: Moving Wildlife in Response to Climate Change

ELQ Journal

February 25th 2016

Stacy Shelton Stacy Shelton is a Staff Editor for Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. “If climate change continues unabated and as rapidly as a few models predict, saving at least some species will require solutions more radical than creating parks ...

What the Supreme Court’s Stay of the Clean Power Plan Means for the EPA’s Greenhouse Gas Regulation Moving Forward

ELQ Journal

February 18th 2016

Benjamin Harris Benjamin Harris is a 3L at UCLA School of Law and serves as Executive Editor of the UCLA Journal of Environmental Law & Policy. This post is part of the Environmental Law Review Syndicate. The Clean Power Plan (“CPP”), announced and promulgated in late 2015 by the Environmental ...

Clean Power Planning: Unlike with Obamacare, States are Preparing for Clean Power Plan Compliance Even as they Fight it in the Courts

ELQ Journal

February 11th 2016

Jennifer Golinsky Jennifer Golinsky is on the Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate. When the EPA released its draft of the Clean Power Plan (CPP) in June 2014,[1] commentators were quick to draw comparisons[2] to Obamacare (i.e., the Patient Protection and Affordable ...

Getting to the Root of Environmental Injustice

ELQ Journal

February 4th 2016

Shea Diaz Shea Diaz is on the Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate. In the United States, poor people and people of color experience higher cancer rates,[1] asthma rates,[2] mortality rates,[3] and overall poorer health than their affluent and white counterparts.[4] The ...

ADMINISTRATIVE NECESSITY: ORIGIN AND APPLICATION TO THE EPA TAILORING RULE

ELQ Journal

January 28th 2016

David Williams David Williams is a 3L at University of Virginia School of Law and serves as Editor of Virginia Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. In the wake of Massachusetts v. EPA,[1] the EPA fashioned new regulations to cover greenhouse gasses. As part ...

La Vie en Vert

ELQ Journal

January 28th 2016

Daniel Carpenter-Gold Daniel Carpenter-Gold is Managing Editor of Harvard Environmental Law Review.This post is part of the Environmental Law Review Syndicate. It’s done. Like a reluctant Odysseus, we have fastened ourselves to the mast of emissions reductions with Bungee cords (not too tight, now!) and stuffed one ear full of ...

From the Well Up: A California CALIFORNIA COUNTY CONFRONTS FRACKING AT THE POLLS

ELQ Journal

December 18th 2015

Malia McPherson Malia McPherson is a 3L at Stanford Law School. This post is part of the Environmental Law Review Syndicate. Introduction On November 4, 2014, the voters of San Benito County passed Measure J, a voter initiative banning hydraulic fracturing (‘fracking’) and all other high-intensity petroleum operations within county lines. ...

EPA Unveils Final Clean Power Plan: So What’s All the Fuss About?

ELQ Journal

December 3rd 2015

Eric DeBellis Eric DeBellis is a 3L at Berkeley Law, where he is Senior Executive Editor of the Ecology Law Quarterly. This post is part of the Environmental Law Review Syndicate. On August 3, 2015, the EPA released its highly anticipated Clean Power Plan, establishing the nation’s first greenhouse gas ...

From Kyoto To Paris: How Bottom-Up Regulation Could Revitalize the UNFCCC

ELQ Journal

December 1st 2015

Luke Grunbaum Luke Grunbaum is a 3L at UCLA School of Law, where he is Editor-in-Chief of the UCLA Journal of Environmental Law and Policy. This post is part of the Environmental Law Review Syndicate. The United Nations Framework Convention on Climate Change (UNFCCC) establishes the basic principles and goals ...

Is CITES Endangered?

ELQ Journal

November 24th 2015

Liz Rasheed Liz Rasheed is a 3L at New York University, where she is Submissions Editor for Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. Introduction: What is Illicit Wildlife Trafficking? Illicit wildlife trafficking refers to “any environment-related crime that involves the illegal trade, smuggling, ...

What is Reasonable?: The Consideration of Economic Effects in Reasonable and Prudent Alternatives Under the Endangered Species Act

ELQ Journal

November 16th 2015

Gillian Schroff Gillian Schroff is a 3L at Lewis and Clark Law School, where he is Form & Style Editor for Environmental Law. This post is part of the Environmental Law Review Syndicate. I. Introduction Although only a few inches in size, the delta smelt (Hypomesus transpacificus) has become a topic ...

Trying to Find a Balance: Agricultural Land Conservation vs. Development in the Green Mountain State

ELQ Journal

November 16th 2015

Kristen Mae Rodgers Kristen Mae Rodgers is Note Editor for Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. Vermont is leading the nation in the local, sustainable food movement and the new food economy. In fact, Vermont is the frontrunner in farm stands, community ...

A Perfect Storm for Michigan’s Renewable Portfolio Standard?

ELQ Journal

November 4th 2015

Sarah Stellberg Sarah Stellberg is a 3L at the University of Michigan Law School, where she is Editor-in-Chief of the Michigan Journal of Environmental & Administrative Law. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. In his ...

A Leading Cause of Everything: One Industry That Is Destroying Our Planet and Our Ability to Thrive on It

ELQ Journal

October 30th 2015

Christopher Hyner Christopher Hyner is a 3L at Georgetown University Law Center, where he is a Managing Editor for the Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. Climate change. Ocean dead zones. Fisheries depletion. Species extinction. Deforestation. World hunger. ...

Enhancing biodiversity on working agricultural lands through environmental mitigation and offsets: Opportunities in Australia and the United States

ELQ Journal

October 18th 2015

Matthew Roach* [ Click Here to Comment ][ Download PDF ] Australian agencies have extensive experience managing working agricultural lands to enhance biodiversity. State and Commonwealth agencies are increasingly using environmental offsets as a tool to manage the impacts of development. However, working agricultural lands are generally not considered a ...

Applying Stakeholder Theory to Utility Regulation

ELQ Journal

January 26th 2015

Inara Scott* [ Click Here to Comment ][  Download PDF ] Many in the energy sector have called for a transformation of the traditional utility model to accommodate developments in distributed generation, address declining utility financial returns, and facilitate a transition to a low-carbon future.[1] These proponents envision this transformation ...

Preservation Is a Flawed Mitigation Strategy

ELQ Journal

January 16th 2015

Jessica Owley* [ Click Here to Comment ][   Download PDF ]   Introduction The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. To help achieve that objective, the Act limits the ability to dredge or fill a ...

Celebrating the Many Contributions of Joe Sax

ELQ Journal

December 5th 2014

With the passing of Joseph L. Sax this past spring, Berkeley Law and the global environmental community lost a beloved colleague, friend, mentor, and hero. At the time, we offered some words in his honor on Legal Planet. (link: http://legal-planet.org/2014/03/10/in-memoriam-joseph-l-sax-gentleman-scholar-giant-of-environmental-law/) We are very pleased to have another occasion to celebrate ...

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