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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

“This Land Was Made for You and Me”—And Them: Why and How the Department of the Interior Should Give Greater Consideration to the Gray Wolf’s Historical Range

Julie Rose

March 29th 2020

Throughout the late nineteenth and early twentieth centuries, the gray wolf was systematically eradicated from most of the lower forty-eight states. A population of hundreds of thousands was whittled down to a few hundred, concentrated only in the woods of Minnesota and Isle Royale, Michigan. The wolf has rebounded, thanks ...

Reasonable Expectations: An Unreasonable Approach to the Denominator Question in Takings Analysis

Julie Rose

March 29th 2020

In Murr v. Wisconsin, the U.S. Supreme Court confronted the “denominator problem” that arises when defining the baseline unit of property for assessing a regulatory taking. That problem was particularly complex in light of Wisconsin’s merger provision, an increasingly common zoning tool that treats adjacent, commonly owned lots as a ...

Continental Divides: How Wolf Conservation in the United States and Europe Impacts Rural Attitudes

Julie Rose

March 29th 2020

Wolves are controversial carnivores whose management generates intense debate. That debate, and the response from wolf managers, often fails to adequately account for rural communities’ fears about wolves. These fears, if ignored, can lead to the frustration of conservation objectives and a disrespect for the law itself. In order to ...

When the Exemption Becomes the Rule: Problems that Waterkeeper v. EPA Poses for Advocates of Reporting Requirements and Potential Solutions

Julie Rose

March 29th 2020

Waterkeeper v. EPA represents a limited victory for advocates of reporting requirements. In this case, the court held that the Environmental Protection Agency could not exempt farms from air pollution reporting requirements based on the use of the de minimis doctrine, which allows for exemptions from regulations to avoid trifling ...

Climate Change in the Era of Post-Truth

Julie Rose

March 29th 2020

In The Madhouse Effect: How Climate Change Denial is Threatening our Planet, Destroying our Politics, and Driving us Crazy, climate scientist Michael Mann joins with Pulitzer Prize-winning cartoonist Tom Toles to take on climate change denialism. Mann, the Director of the Earth System Science Center at The Pennsylvania State University, ...

Martin’s Beach Litigation and Eroding Public Access Rights to the California Coast

Julie Rose

March 29th 2020

Martin’s Beach, a privately owned, rugged, photogenic strip of sand south of Half Moon Bay on California’s Pacific coast, has become a flashpoint for a changing state. When billionaire Vinod Khosla—new owner of the beach and abutting property—closed Martin’s Beach to the public in 2009, environmentalists, surfers, and local government ...

Public Finance, Stormwater, and the California Constitution: Who Pays for Trash Cans at Bus Stops?

Julie Rose

March 29th 2020

California voters and courts consistently support efforts to protect both the environment and taxpayers. These actions often spur changes in policy throughout the nation. For example, California passed comprehensive water quality legislation prior to enactment of the federal Clean Water Act. California also pioneered air quality standards before the federal ...

Regulating Water Transfers in the Wake of Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA: Examining Alternatives to NPDES Permits

Julie Rose

March 29th 2020

In January 2017, the Second Circuit upheld the U.S. Environmental Protection Agency’s (EPA) Water Transfers Rule (Rule), reversing a decision by the Southern District of New York to vacate the Rule and remand the matter to the EPA.1 The decision in Catskill IV was greeted as a victory by many ...

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