This In Brief argues that in Center for Biological Diversity v. Haaland (Center v. Haaland), the Ninth Circuit severely limited the power of organizations to subject agency recovery plans to judicial review. Holding that a grizzly bear recovery plan was not “final agency action,” the Ninth Circuit effectively barred litigation ...

Ecology Law Quarterly Volume 51.2 Full Version PDF.

Ecology Law Quarterly Volume 51.1 Front Matter

The displacement of western agriculture due to drought retreat will likely be more severe than prior western retreats, due to climate change, urbanization, and uncounted water claims. This Article advocates that the federal government respond to the drought retreat crisis by providing economic relief to small farmers via agricultural managed ...

This Article draws on the example of OSHA’s consideration of an emergency heat rule to offer a new way of thinking about the use of emergency power by federal administrative agencies in the climate context.

Combatting climate change will involve a monumental effort to build low- and zero-carbon infrastructure. This Article presents the first national study of federal permitting and environmental reviews for energy infrastructure constructed between 2010 and 2021. The analysis reveals that most projects had streamlined administrative procedures or avoided federal regulation altogether.

States and the federal government lack crucial knowledge related to effective management of the country’s unique environmental treasures. Tribes’ environmental ethics, traditional ecological knowledge, and experience managing natural resources make them uniquely qualified to assume larger responsibilities in stewarding public lands. Shared stewardship will lead to better management of national ...

With billions on the line, an entire new infrastructure to build, novel connections between the transportation and electric and building sectors, and a shifting global trade web, the last thing industry needs is to find out what Samuel Alito thinks James Madison might have thought about batteries. Electoral uncertainty in ...