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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

Explaining Environmental Information Disclosure in China

Julie Rose

March 26th 2020

In recent years, China has adopted a range of measures for information disclosure or “open government information.” This comes as a surprise in an authoritarian system known more for secrecy and information control. Why do authoritarian leaders embrace such mechanisms, and how do state and society actors respond? This Article ...

Is the Clean Air Act Unconstitutional? Coercion, Cooperative Federalism and Conditional Spending after NFIB v. Sebelius

Julie Rose

March 25th 2020

The Clean Air Act, like many federal environmental statutes, relies upon the cooperation of state environmental agencies for its execution and enforcement. If states do not cooperate, the Clean Air Act obligates the federal government to regulate in their stead as well as to impose potentially draconian sanctions. Specifically, the ...

Illegal Marijuana Cultivation on Public Lands: Our Federalism on a Very Bad Trip

Julie Rose

March 25th 2020

Fueled by increasing demand for marijuana, illegal cultivation of the drug on public lands is causing massive environmental harm. The federal government lacks the resources to wage what would be a difficult and costly campaign to eradicate these illegal grow sites and instead focuses its limited resources on enforcing the ...

The Property Clause and Its Discontents: Lessons from the Malheur Occupation

Julie Rose

March 25th 2020

The occupation of the Malheur National Wildlife Refuge in Oregon by a group of armed militants led by Ammon Bundy during January 2016 spotlighted public land management for a largely oblivious American public. The militants’ month-long occupation was only the latest of several armed confrontations in recent years, one of ...

The Energy Prosumer

Julie Rose

March 25th 2020

Decentralization is becoming a dominant trend in many industries, and the electricity industry is no exception. Increasing numbers of energy consumers generate their own electricity and/or provide essential grid services such as storage, efficiency, and demand response. This Article offers a positive account of the emergence of these new energy ...

Frankenstein’s Mammoth: Anticipating the Global Legal Framework For De-Extinction

Julie Rose

March 25th 2020

Scientists around the world are actively working toward de-extinction, the concept of bringing extinct species back to life. Before herds of woolly mammoths roam and flocks of passenger pigeons soar once again, the international community needs to consider what should be done about de- extinct species from a legal and ...

Accounting for Partial Settlements in CERCLA Private-Party Cost Allocation: No Rule Is the Best Rule

Julie Rose

March 25th 2020

To the extent that litigation makes a muddle of private-party ordering, the Comprehensive Environmental Response, Compensation, and Liability Act has created more messes than it has cleaned up. Congress enacted the Act to clean up hazardous waste spills. The litigious explosion that resulted, however, caused widespread and pervasive private sector ...

Foreword to the 2015-16 Annual Review

Julie Rose

March 25th 2020

We are honored to introduce Ecology Law Quarterly’s 2015–2016 Annual Review of Environmental and Natural Resource Law. Now in its seventeenth year, the Annual Review is a collaborative endeavor. It is founded on Berkeley Law’s renowned environmental law program, which itself is built upon some of the leading scholars in ...

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