Historically, during times of perceived labor shortages in the U.S. agricultural industry, the federal government has enacted policies to ensure the availability of temporary agricultural guestworkers. The current H-2A Temporary Agricultural Guestworker program has been in place for decades, and its use is expanding rapidly. Yet, policies that guarantee a ...

Is there any escape from the consequences of man’s near-Promethean arrogance with fire? In spring 2021, ELQ and the Center for Law, Energy, and the Environment at UC Berkeley School of Law centered this question in a half-day virtual symposium. The event brought academics, students, activists, and regulators into conversation ...

The coronavirus (COVID-19) pandemic has underscored the racial, social, and economic disparities that have long plagued every part of American society—including the health of our environment. Given the disproportionate impact of COVID-19 on minority communities across the country, government officials have focused their efforts on an equitable COVID-19 response. These ...

After introducing the challenge of adapting water and energy systems to climate change, this Article synthesizes prior multidisciplinary work on algorithmic decision making and modeling-informed governance—bringing together the works of early climate scientists and contemporary leaders in algorithmic decision making. From this synthesis, this Article presents a framework for analyzing ...

This Article details how the marginalization of transgender people aggravates the environmental harms that they experience, thus demanding the proactive, facilitated involvement of the transgender community in environmental outreach and response. While transgender rights continue to achieve public acknowledgment, transgender people remain almost forgotten in scientific, policy, and legal literature ...

Although the working-from-home transition has been underway for some time, it accelerated dramatically during the COVID-19 pandemic, and it may lead to permanent shifts in the workplace for millions of employees. Using an efficiency and justice lens, this Article examines the standards regarding working-from-home emissions and concludes that undercounting could ...

We are honored to introduce the Ecology Law Quarterly’s 2020–21 Annual Review of Environmental and Natural Resource Law. Now in its twenty-second year, the Annual Review is a collaborative endeavor of students and faculty. But the greatest contributors to the Annual Review are Ecology Law Quarterly’s (ELQ) editorial board and ...

In County of Maui v. Hawai’i Wildlife Fund, the Supreme Court held that “the statute requires a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.” The Court thus confirmed that some discharges traveling ...