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The Rise of Anti-Regulatory Legal Advocacy: The Farm Bureau Case Study

This case study of the American Farm Bureau Federation uncovers how corporate financial power, filtered through a nonprofit shell, is fundamentally redirecting natural resource policy and the future of federal administrative authority. (read more)

An Abundance of Risk: Federal Under-Regulation of Carbon Capture

This Article discusses the unique set of near- and long-term risks for local communities and broader climate goals presented by carbon capture use and storage infrastructure, which demands more regulation—and less abundance. (read more)

Worker and Community Strong: Labor and Community Tools for New Mexico’s Clean Energy Sector

This Article explores how New Mexico—and similarly situated states—can build a clean energy industry that offers strong worker protections, livable wages, and robust benefits for clean energy workers and the communities near those projects. (read more)

Life Cycles and Loopholes

This Article aims to better understand how to address biofuel greenhouse gas accounting shortfalls at the subnational level. (read more)

What's New

Introduction to “Ground-Truthing Injustice”

Internet Editor

August 21st 2020

My name is Candice Youngblood, and I am a third-year student here at Berkeley Law. More importantly, I am a member of Students for Economic and Environmental Justice, also known as SEEJ. On behalf of SEEJ, it is my pleasure to welcome you all to our 2019 Symposium, “Ground-Truthing Injustice.” ...

Foreword

Internet Editor

August 21st 2020

A cornerstone of the environmental justice movement is to allow residents of communities to speak for themselves. To understand the themes explored in the transcripts and articles in this special issue, it is important to first understand the history of this movement. . .

Smart Grids Need Smart Privacy Laws: Reconciling the California Consumer Privacy Act with Decentralized Electricity Models

August 18th 2020

The California Consumer Privacy Act (CCPA) grants strong privacy rights, including allowing a consumer to opt out of the sale of her information to third parties, and to request that a business delete her information from its records. At the same time, the electricity industry is transitioning towards a decentralized ...

Colluding to Save the World: How Antitrust Laws Discourage Corporations from Taking Action on Climate Change

July 27th 2020

“The loftiest of purported motivations do not excuse anti-competitive collusion among rivals. That’s long-standing antitrust law.” So begins a USA Today opinion piece by Makan Delrahim, Assistant Attorney General and head of the Antitrust Division. Delrahim was defending a Department of Justice (DOJ) investigation into four major automakers who had ...

Salmon Lessons For The Delta Smelt: Unjustified Reliance On Hatcheries In The USFWS October 2019 Biological Opinion

June 26th 2020

Pursuant to the Endangered Species Act, in October 2019 the United States Fish and Wildlife Service (USFWS) of the Trump Administration issued a new Biological Opinion (BiOp) for coordinated operations of the Central Valley Project and the State Water Project (2019 USFWS BiOp). The 2019 USFWS BiOp issued by the ...

The Legitimacy of Judicial Climate Engagement

Julie Rose

April 1st 2020

Courts in key climate change cases have abdicated their constitutional responsibility to protect a prejudiced and disenfranchised group (nonvoting minors and future generations) and remedy an insidious pathology in public discourse and the political process: the industry-funded climate disinformation campaign. This Article posits that this abdication results from courts’ uneasiness ...

Governing Cooperative Approaches under the Paris Agreement

Julie Rose

April 1st 2020

Parties to the Paris Agreement can engage in voluntary cooperation and use internationally transferred mitigation outcomes towards their national climate pledges. Doing so promises to lower the cost of achieving agreed climate objectives, which allows countries to increase their mitigation efforts with given resources.

Does NEPA Help or Harm ESA Critical Habitat Designations? An Assessment of Over 600 Critical Habitat Rules

Julie Rose

April 1st 2020

The National Environmental Policy Act (NEPA) is the centerpiece of federal environmental law. This “broadest and perhaps most important” of environmental laws requires federal agencies to publicly weigh environmental impacts before proceeding with federal actions. NEPA has been criticized because it can delay development. Other critics describe NEPA as “bureaucratic ...

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