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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

The Paris Agreement in the 2020s: Breakdown or Breakup?

Julie Rose

April 1st 2020

Just four years after the adoption of the Paris Agreement, there are serious warning signs that the Agreement could unravel in the 2020s. Not only did President Trump’s 2017 withdrawal announcement damage the universality and reciprocity of the Agreement, but many parties are not on track to reach their own ...

Water, Water Everywhere, Communities on the Brink: Retreat as a Climate Change Adaptation Strategy in the Face of Floods, Hurricanes, and Rising Seas

Julie Rose

April 1st 2020

In the nearly fifteen years after Hurricane Katrina, hurricane victims’ efforts to recover for the Army Corps of Engineers’ construction and maintenance of New Orleans’s faulty levee systems have slowly wended their way through the courts. After the Federal Circuit held in St. Bernard Parish Government v. United States that ...

Ignoring the Courts: A Contextual Analysis of Administrative Nonacquiescence

Julie Rose

April 1st 2020

Increasingly complex environmental challenges reveal the necessity of creative, decisive regulatory solutions. Effective public policy responses to the distributional effects of a changing climate require nuanced analysis and collaborative effort by each branch of government. The analysis supporting the D.C. Circuit’s recent endorsement of the Environmental Protection Agency’s new policy ...

Beyond the Exceptional Events Rule: How the Local Implementation of Air Quality Regulations Affects Wildfire Air Policy

Julie Rose

April 1st 2020

What can be done about the recent phenomenon of intense wildfire air pollution in the American West? Wildfire science emphasizes the importance of using fire as a natural, regenerative process to maintain forest health and reduce large wildfire air pollution events. But forestry management policy has long emphasized suppressing wildfires, ...

Because Housing Is What? Fundamental. California’s RHNA System as a Tool for Equitable Housing Growth

Julie Rose

April 1st 2020

In 2017 and 2018 the California Legislature passed two packages of bills aiming to address the state’s massive housing shortage. The bills focus on the state’s housing element law and Regional Housing Needs Assessment (RHNA) system. These two mechanisms were created to require cities to plan for their long-term housing ...

Federal Regulation for a “Resilient” Electricity Grid

Julie Rose

April 1st 2020

A well-functioning United States electricity system, also known as “the grid,” is fundamentally important to the American way of life. Nearly everyone involved—from users, to electricity generators, to transmitters, to regulators— recognizes this and agrees broadly that the system should be “resilient” to threats such as extreme weather, attack, and ...

Put Your Money Where Their Mouth Is: Actualizing Environmental Justice by Amplifying Community Voices

Julie Rose

April 1st 2020

This Note seeks to paint a picture of what working toward environmental justice should look like. Focusing on the demands that environmental justice communities voiced through the Principles of Environmental Justice, it posits that three key components are necessary to comprehensively achieve environmental justice: distributive justice, recognitional justice, and procedural ...

Jurisdictional Determinations and Judicial Scrutiny

Julie Rose

April 1st 2020

In the past two decades, the Supreme Court has significantly reduced the deference given to the “Jurisdictional Determinations” made by the Army Corps of Engineers under section 404 of the Clean Water Act. Previous to the Court’s holding in Solid Waste Agency of Northern Cook County v. United States Army ...

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