After Gundy v. United States, the Supreme Court is poised to dramatically roll back the power of administrative agencies through a reinvigoration of the nondelegation doctrine. This will substantially restrict the ability of agencies, particularly the Environmental Protection Agency, to promulgate environmental regulations and will render large swaths of the ...

Climate change is making water a scarcer resource. Warming temperatures, urban growth, and agricultural demand are pushing water resources to their limits. Increasingly, rival states compete over water allocation from limited sources throughout the country, such as the Rio Grande. These fights often extend to the courtroom. Since drafting the ...

Since President Trump took office in 2017, the Bureau of Land Management and other executive agencies have pursued expansive and aggressive development of fossil fuel resources on public lands. This development will add to the United States’ already large contribution to climate change. Unfortunately, those seeking to convince the U.S. ...

This In Brief begins with a short discussion of two major legislative acts to change tax law: the 2017 TCJA and the 2018 BBA. It then discusses the production tax credit (PTC) and the investment tax credit (ITC), the two energy tax provisions that the BBA changed and eliminated, respectively. ...

The United States’ energy sector is the country’s “principal . . . contribution to climate change.” The Federal Energy Regulatory Commission (FERC) “regulates significant swaths of the U.S. energy industry, including the wholesale sale and transmission of electricity,” the permitting of several types of energy infrastructure projects, and the transportation ...

Newcomers to California could be forgiven for thinking they have crossed into treacherous terrain. By virtue of the state’s Proposition 65 right-to-know law, store shelves and public garages everywhere announce, “WARNING: This [product/food/facility] contains chemicals known to the State of California to cause cancer [or reproductive harm].” The proliferation of ...

As the U.S. Environmental Protection Agency turns 50, the federal government remains a laggard on environmental justice. We offer three forward-facing remedies to provide more just outcomes for environmental justice communities through the legal system: refocusing criminal enforcement efforts to prioritize environmental justice communities, further conceptualizing environmental justice communities as ...

Despite international recognition of the greater vulnerability of persons with disabilities to climate change, disability issues have received little attention from practitioners, policy makers, and scholars in this field. As countries move forward with measures to combat climate change and adapt to its impacts, it is critical to understand how ...