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 ...

Environmental regulation invariably requires making decisions in the face of scientific uncertainty. However, making decisions in the near-absence of evidence—essentially, the most extreme uncertainty—is a special case because it most plainly exposes the defaults and preferences of those making the decisions, and because it may inspire creative ways of reducing ...

Technical innovation is ubiquitous in contemporary society and contributes to its extraordinarily dynamic character. Sometimes these innovations have significant effects on the environment or on human health. They may also stimulate efforts to develop second-order technologies to ameliorate those effects.

The history of the U.S. environmental justice movement reveals that successful campaigns are seldom waged solely through litigation. Instead, communities have employed litigation and administrative actions as part of a broader grassroots struggle to achieve short- and long-term change.

It is our pleasure to introduce Ecology Law Quarterly’s 2016–17 Annual Review of Environmental and Natural Resource Law. This is the Annual Review’s eighteenth year and is a product of collaboration among the ELQ editors and student authors, Berkeley Law’s environmental law faculty, and the Center for Law, Energy and ...