Showing 1 of 3

A California Environmental Court to Adjudicate Climate Change

Climate change creates mitigation and adaptation needs across the country, especially in California, which faces flooding, erosion, fire, and extreme weather. To armor against the rising tide of climate change and its accompanying flood of litigation, California should create a specialized environmental court to adjudicate state climate issues. (read more)

Closing the Ocean Fracking Gap: EPA Leadership Is Needed to Regulate Aging Rigs and Evolving Risks Offshore

This Note explores how fracking has slipped through the cracks in a closely regulated industry. Examining the root of the problem, this Note outlines how we might design an administrative apparatus to address emerging environmental harms in the context of aging oil and gas infrastructure. (read more)

Protecting Species and Timber Communities from Extinction: A Case Study on Spotted Owls, Logging, and Cooperative Management in Western Lane County, Oregon

This Note uses western Lane County as a case study to diagnose sticking points in conservation under the ESA and prescribe characteristics of management strategies more likely to sustain both resource extraction-dependent communities and populations of listed specie (read more)

What's New

Constraining Federal Policy Whiplash on Public Lands

Linda Gordon

March 16th 2024

Although solutions that curb whiplash are hard to come by in a country characterized by an increasingly polarized electorate, this Note suggests several avenues to consider within the legislative, executive, and judicial branches.

First Amendment Constraints on Proposition 65

Linda Gordon

March 16th 2024

This Note examines the fate of Proposition 65 in the aftermath of California Chamber of Commerce v. Council for Education & Research on Toxics, a 2022 Ninth Circuit case that affirmed a preliminary injunction against enforcement of the acrylamide cancer warning.

The Social Cost of the Social Cost of Carbon

Linda Gordon

March 16th 2024

Cost Benefit Analysis is indeed irredeemably biased against climate action. It is also a fundamentally arbitrary metric to judge climate regulations aimed at preserving human health, safety, and the environment, and one which undermines the federal government’s stated commitment to environmental justice. The way forward is not better cost-justification of ...

Environmental Justice in Cumulative Impacts Analysis

Linda Gordon

March 16th 2024

Cumulative impact analysis (CIAs) under NEPA and CEQA are currently flawed. However, with the above amendments to NEPA and CEQA’s CIA frameworks, government agencies’ EAs of projects, such as the Project in San Bernardino, will be better positioned to consider and prioritize environmental justice concerns moving forward.

Living with Major Questions: West Virginia Leaves Opportunity for USDA in Farm Bill Commodity Subsidies

Linda Gordon

March 16th 2024

USDA’s ability to mitigate climate change through commodity subsidy programs exemplifies an area where bold, agency-led climate action is still possible, even after West Virginia.

Oil in Water: Juries and the Oil Pollution Act

Malia Libby

March 16th 2024

United States v. Evergreen Resource Recovery, LLC shows the Fifth Circuit’s willingness to expand Seventh Amendment rights for jury trials to corporations under statutory claims. Finding a Seventh Amendment right for defendants under the Oil Pollution Act has potential implications for higher government expenditures, for greater outcome biases that may ...

Climate Adaptation Lawsuits: Navigating the Primary Jurisdiction Problem

Malia Libby

March 16th 2024

This article discusses CLF v. Exxon Mobil, which limited agency deference by restricting the Doctrine of Primary Jurisdiction’s scope of application. It exposes issues beyond the simple adjudication of disputes and raises broader administrative and constitutional law questions.

Trading in Ambiguity: Unraised Issues in Export Clause Interpretation

Malia Libby

March 16th 2024

The Fifth Circuit’s recent decision in Trafigura makes it more difficult for environmental agencies to force polluters to pay for the damage that their businesses cause. The court’s reasoning has broad significance because it restricts the use of excise charges to remediate environmental dangers at home if the good in ...

Showing 9 - 16 of 388

ELQ at a Glance

25 Years
197 Issues
129 Contributors
689 Members

 

 

Subscribe to Our Newsletter

Stay up to date about upcoming events and exciting news about our current members.