In 2008, Hawai‘i’s electric utilities and state government committed to transforming Hawai‘i into a world leader in the adoption of renewable energy. The characteristics of Hawai‘i’s electricity system—including high imported fossil fuel costs—appeared to make this project more technically feasible, economically attractive, and politically popular in Hawai‘i than in any ...

Farmland preservation has become an important pursuit for those seeking to protect the working landscape. One of the most common approaches for securing this protection is through the targeted use of agricultural conservation easements, typically perpetual land use agreements designed to limit incompatible activities in order to preserve future agricultural ...

Recent years have shown an uptick in lawsuits involving sustainability disclosures, or lack thereof, by companies. In the United States, litigation involving sustainability disclosures has primarily arisen in two statutory contexts: securities fraud (federal law) and consumer protection or consumer fraud (state and federal law). Essentially, these cases involve allegations ...

The continuing failure of the federal government to respond to the growing threat of climate change, despite affirmative duties to do so, creates a governance vacuum that the Constitution might help fill, if such a responsibility could be found within the document. This Article explores textual and non-textual constitutional support ...

In 2017, multiple claims and declarations from around the legal world appeared to signal a tipping point in the global acceptance of a new and evolving legal status for nature. Whether it was litigation in the United States, India, and Colombia, or legislation emanating from New Zealand and Australia, the ...

With the full participation and consent of Congress, President Trump has embarked upon a radical project to freeze and roll back federal regulations that protect public health, safety, the environment, and the economy. The principal justification for this project, publicly announced by both Congress and President Trump, is the claim ...

President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke ...

I am honored to introduce Ecology Law Quarterly’s special issue on environmental governance and technology. This dedicated volume focuses on the tension between rapidly advancing data technology and slower-moving law and policy adaptation. This issue could not come at a more important time, as we are in the midst of ...