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The Rise of Anti-Regulatory Legal Advocacy: The Farm Bureau Case Study

This case study of the American Farm Bureau Federation uncovers how corporate financial power, filtered through a nonprofit shell, is fundamentally redirecting natural resource policy and the future of federal administrative authority. (read more)

An Abundance of Risk: Federal Under-Regulation of Carbon Capture

This Article discusses the unique set of near- and long-term risks for local communities and broader climate goals presented by carbon capture use and storage infrastructure, which demands more regulation—and less abundance. (read more)

Worker and Community Strong: Labor and Community Tools for New Mexico’s Clean Energy Sector

This Article explores how New Mexico—and similarly situated states—can build a clean energy industry that offers strong worker protections, livable wages, and robust benefits for clean energy workers and the communities near those projects. (read more)

Life Cycles and Loopholes

This Article aims to better understand how to address biofuel greenhouse gas accounting shortfalls at the subnational level. (read more)

What's New

Ecology Law Quarterly Volume 50.3

Malia Libby

August 21st 2024

Articles Making Climate Pledges Stick: A Private Ordering Mechanism for Climate Commitments, by Oren Perez & Michal P. Vandenbergh Just Regulation: Improving Distributional Analysis in Agency Rulemaking, by Richard L. Revesz & Burçin Ünel The Exclusion of Environmental Justice and Race in Environmental Law Casebooks, by Helia Bidad Climate Change ...

Making Climate Pledges Stick: A Private Ordering Mechanism for Climate Commitments

Malia Libby

August 21st 2024

Corporate climate commitments are an important part of the global response to climate change, but critics have warned that many of these pledges constitute empty commitments whose credibility is difficult to assess at best. This Article proposes two new financial instruments that address a core climate and corporate governance concern ...

Just Regulation: Improving Distributional Analysis in Agency Rulemaking

Malia Libby

August 21st 2024

Taking account of the impacts of government action on historically marginalized and overburdened communities is a core policy goal of the Biden-Harris Administration. In this Article, we seek to understand the shortcomings of current agency practice and outline what agencies can do better.

The Exclusion of Environmental Justice and Race in Environmental Law Casebooks

Malia Libby

August 21st 2024

The practice of environmental law today is increasingly attentive to environmental justice, and interest in centering environmental justice in the practice of environmental law has only grown in more recent generations of environmental law students. This Article represents the first critical environmental law casebook review in three decades and is ...

Climate Change and the Clean Air Act of 1970 Part I: the Scientific Basis

Malia Libby

August 21st 2024

This Article reviews this history and its role in the passage of the Clean Air Act of 1970. This history has important implications for the scope of EPA’s authority under the Clean Air Act in light of the Court’s articulation of the major questions doctrine in West Virginia v. EPA.

Cultural Burning Can Mitigate Climate Change and Produce Income for Native American Tribes

Dana Dabbousi

July 28th 2024

For Aboriginal and Torres Strait Islander people, using cultural burning to generate carbon credits by way of the Australian savanna burning program annually provides $50 million AUD ($33 million USD) in revenue, achieves a reduction of more than one million tons of greenhouse gas (GHG) emissions, and provides jobs, training, ...

On the Brink of a “Mass Exodus,” Can International Law Adequately Protect “Climate Refugees”?

Dana Dabbousi

June 27th 2024

As climate change experts increasingly warn that the world is approaching a breaking point, the question feels less theoretical and more urgent: can international law offer answers to the prospect of mass displacement in relation to climate change? This paper provides a concise overview of the conversation, examining the variety ...

Pour Decisions: Legal Reform for America’s Lead in Drinking Water Crisis

Dana Dabbousi

April 18th 2024

“America, America has a problem.” That problem is lead: a highly toxic metal that contaminates our drinking water. Health disparities emerge, disproportionately impacting Black communities. This Article delves into America’s history of lead in drinking water, recent regulatory efforts, and proposed rulemaking that will lead to a lasting solution.

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