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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

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 ...

Caveat CEQA: Postscript to a Landmark Appellate Win for California’s Housing Accountability Act

Malia Libby

March 16th 2024

California Renters remains the gold standard for interpreting the HAA with its strict “reasonable person” standard and pro-housing bias. However, it remains to be seen whether the HAA can stand up to the delays, cost overruns, and outright project denials caused by California’s environmental review process under the California Environmental ...

The Un-Recyclability of EPR: Shortcomings of California’s Senate Bill 54

Malia Libby

March 16th 2024

Senate Bill 54 (SB 54), or the Plastic Pollution Prevention and Packaging Producer Responsibility Act, was signed into California state law in June of 2022 to both applause and criticism. This In Brief highlights many of the most pungent vulnerabilities and loopholes present in SB 54 that may lead to ...

Environmental Justice and Community Advocacy: A Case Study for Toxic Tort Claims

Malia Libby

March 16th 2024

Tort claims and toxic tort claims have long been a vehicle to address the gaps left by statutes. Butler v. Denka is one such case, and raises a fundamental question: can citizens successfully sue a factory that caused multiple cancer illnesses in their community by emitting excessive pollution?

The Carbon Footprint of the Whiskey Industry: is Federal Preemption at Odds with Environmental Health?

Dana Dabbousi

February 21st 2024

In Mulberry, Tennessee, residents have begun noticing the growth of a suspicious black fungus. The most likely culprit? Whiskey. This article explores the various challenges and opportunities associated with the community’s use of state law to address the growth of this fungus and find recourse for themselves.

Persistence or Desistence: Prosecuting Environmental Crimes During the Trump and Obama Administrations

Linda Gordon

September 28th 2023

Donald Trump was hostile towards environmental regulation from his first day in office. From rolling back regulations, to appointing industry insiders and anti-environmentalists to important positions within the U.S. Environmental Protection Agency (EPA), Department of Justice (DOJ), and other agencies tasked with the enforcement of environmental laws, Trump intended to ...

Racism in the Water: Access for All in Outdoor Recreation

Internet Editor

September 28th 2023

This Article seeks to answer the following questions: What does the academic literature say about POC access to and use of blue space? What role, if any, does systemic racism and inequality play in creating barriers to access? Most historical accounts of any water-race nexus focused on the Black experience, ...

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ELQ at a Glance

25 Years
197 Issues
129 Contributors
689 Members



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