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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

Climate Change and Antarctic Fisheries: Ecosystem Management in CCAMLR

Julie Rose

March 29th 2020

Climate change and associated ocean acidification present varied and complex threats to Antarctic fisheries, making conservation and sustainable management of these fisheries more challenging than ever. The ecosystem approach is generally considered to be the most effective way of enhancing the climate resilience of fisheries, and the Commission on the ...

A New Ocean: The Legal Challenges of the Arctic Thaw

Julie Rose

March 29th 2020

Arctic warming poses considerable legal challenges to the region. The fast disappearance of polar ice will increase economic activity, destabilize the environment, and create a host of security issues. Previous discussions have tended to focus on one of these facets in isolation. This Article aims instead to provide the reader ...

Part XII of the United Nations Convention on the Law of the Sea and the Duty to Mitigate Against Climate Change: Making Out a Claim, Causation, and Related Issues

Julie Rose

March 29th 2020

Within the current state of international jurisprudence, there is a growing recognition of the importance of ocean environmental protection. One of the most significant recent examples is the decision in the South China Sea Arbitration, which recognized the obligation of States to protect and preserve the marine environment in disputed ...

Foreword

Julie Rose

March 29th 2020

It is our pleasure to introduce Ecology Law Quarterly’s 2017–18 Annual Review of Environmental and Natural Resource Law. In its nineteenth year, the Annual Review is the product of collaboration among the student authors, ELQ’s editors, Berkeley Law’s environmental law faculty, and the Center for Law, Energy and the Environment.

The Only Green That Matters Is the Green in Your Pocket: Advocating for Renewable Energy in Red States

Julie Rose

March 29th 2020

Addressing the threat of climate change will require a large-scale transition from fossil fuel-generated power to renewable energy. However, climate change has been politicized in the United States to such an extent that many states’ lawmakers resist embracing wind and solar power for the simple reason that it is favored ...

An Indivisible and Living Whole: Do We Value Nature Enough to Grant It Personhood?

Julie Rose

March 29th 2020

In 1972, in his dissent to the majority’s decision in Sierra Club v. Morton, Justice Blackmun posed a question: “Must our law be so rigid and our procedural concepts so inflexible that we render ourselves helpless when the existing methods and the traditional concepts do not quite fit and do ...

Agua Caliente: A Case Study and Toolkit for Securing Tribal Rights to Clean Groundwater

Julie Rose

March 29th 2020

In 2013, the Agua Caliente Band of Cahuilla Indians sued the Coachella Valley Water District and Desert Water Agency after nearly two decades of voicing its concerns to the agencies over their unsustainable groundwater management practices. Specifically, the Agua Caliente disapproved of the agencies’ overdraft mitigation techniques, which involve artificially ...

Expediting Infrastructure Development without Conceding Reasoned Decision Making and Public Comment: Streamlining NEPA Compliance for Facility Upgrades and Expansions

Julie Rose

March 29th 2020

On August 15, 2017, the White House issued Executive Order 13,807, which cited the need to improve domestic infrastructure as the basis for its mandate to cap the amount of time federal agencies may spend preparing an Environmental Impact Statement for certain major infrastructure projects. This development followed Executive Order ...

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ELQ at a Glance

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201 Issues
800+ Authors
143 Members
1,600+ Alumni

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