The ruling in Chernaik illustrates how the public trust doctrine’s theoretical foundation is rooted in a flawed analogy, rendering it ineffective for compelling government action to address climate change. A new or adapted doctrine is needed to convince the judiciary to push for government action on climate change.

This note discusses the role of cost-benefit analysis in environmental regulations.

This article discusses the role of Executive Orders in addressing Climate Change.

In Part I, I review timber trespass under Louisiana law, including its triple damages provision. In Part II, I discuss the availability of mental distress damages for timber trespass. Finally, in Part III, I use Critical Race Theory to analyze the 1988 case of Johnny Evans v. B.R. Bedsole Timber ...

Using data collected by Professor Sarah Lawsky for her annual entry level hiring report, I analyzed trends in the hiring of environmental law professors (“ELPs”) from 2011 2022. With this Analysis, I provide insight into the hiring market for environmental law professors. I hope this Analysis is useful and edifying ...

Despite an uptick in legal scholarship addressing resiliency and climate adaptation in general, very little of it analyzes the historic disparity between greater ex post public expenditures to recover from disasters and relatively smaller ex ante investments in disaster preparedness and prevention. This Article addresses the gap in the literature ...

In this Article, we explore the problem of beneficial insect population decline and evaluate the utility of existing federal law to reverse the trend. We offer solutions that can be implemented by the U.S. Environmental Protection Agency (EPA) under existing federal laws without the need for additional congressional action.

This Article’s central claim is that the governance challenges posed by radical adaptation in Antarctica are surmountable. Geopolitical and security interests may make states more willing than is now evident to explore ice-sheet stabilization and amend the Antarctic Treaty System accordingly. Moreover, the legitimacy of the system relies on the ...