This In Brief analyzes the Fifth Circuit’s decision in Harrison County v. U.S. Army Corps of Engineers (Harrison County). It argues that while the decision aligns with precedent, Harrison County is out of step with the urgent need for the Corps to incorporate climate change into its decision making. It ...

This In Brief explores how the Tenth Circuit’s failure to vacate the applications for permits to drill (APDs) in Diné Citizens v. Haaland was a missed opportunity to operate an effective check on agencies taking advantage of NEPA’s broad language. NEPA and the standard of judicial review associated with NEPA ...

This In Brief explores how the court in Western Watersheds Project v. Haaland deviated from general practice of the Tenth Circuit and other circuits of remanding cases to district courts for evaluation of the appropriateness of vacatur or other injunctive relief. Given the substantive nature of the agency deficiencies of ...

This In Brief argues that in Center for Biological Diversity v. Haaland (Center v. Haaland), the Ninth Circuit severely limited the power of organizations to subject agency recovery plans to judicial review. Holding that a grizzly bear recovery plan was not “final agency action,” the Ninth Circuit effectively barred litigation ...

Ecology Law Quarterly Volume 51.2 Full Version PDF.

Ecology Law Quarterly Volume 51.1 Front Matter

The displacement of western agriculture due to drought retreat will likely be more severe than prior western retreats, due to climate change, urbanization, and uncounted water claims. This Article advocates that the federal government respond to the drought retreat crisis by providing economic relief to small farmers via agricultural managed ...

This Article draws on the example of OSHA’s consideration of an emergency heat rule to offer a new way of thinking about the use of emergency power by federal administrative agencies in the climate context.