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Incorrect & Pernicious: The Chlorpyrifos Litigation, Sugarbeet Growers, and the Proper Role of Courts in Arbitrary and Capricious Review

This Note explains how the Eighth Circuit found that EPA’s decision to ban the use of chlorpyrifos on food crops, which was based on the Ninth Circuit’s interpretation of its statutory mandate, was arbitrary and capricious. The Note then argues the reasoning employed by the Eighth Circuit to reach this ... (read more)

A Seat at the Table: How Texas v. New Mexico Provides Tribes a Potential Route to Assert Outstanding Water Rights Claims in Water Compact Disputes

This Note argues that, while it is far from guaranteed, Texas v. New Mexico may present Native American tribes with a unique way to finally see their water rights addressed in water compacts. (read more)

Who the ADVANCE Act Leaves Behind: The Neglected Needs of Nuclear Closure Communities

This Note examines past failed federal legislation to investigate why the ADVANCE Act may have lost its nuclear closure communities provision. This Note also discusses why nuclear closure communities deserve support, drawing parallels between the economic devastation that nuclear closure communities experience and the similar circumstances coal communities face in ... (read more)

Sea Change: Social Derisking America’s Offshore Wind

Offshore wind energy represents a critical opportunity for America’s clean energy transition, yet community opposition remains a significant barrier to its success. This paper introduces the concept of “social derisking,” which emphasizes stakeholder collaboration as a strategy to mitigate the risks of project delays and cancellations due to a lack ... (read more)

Endangered Justice? Exploring Corner Post’s Ripple Effects on Endangered Species Act Litigation

This Note argues that the Corner Post principle presents a transformative shift in environmental litigation, particularly under the Endangered Species Act, by extending the date for claim accrual and enabling plaintiffs to challenge longstanding agency regulations and decisions that continue to harm vulnerable species. This principle facilitates an opportunity for ... (read more)

Settling for More in Climate Litigation

As one of the first instances of success in American climate litigation, Navahine F. v. Hawai‘i Department of Transportation demonstrates the potential of settlement in a climate litigant’s toolbox to maximize plaintiffs’ goals. This Note argues that settlement may provide an opportunity for climate litigants to obtain more concrete commitments ... (read more)

Navigating PFAS: Reevaluating the U.S. Navy’s Reliance on Aqueous Film-Forming Foam

This Note explores the environmental implications of AFFF use aboard Navy vessels, addressing both the current regulatory framework and ongoing litigation related to AFFF contamination. Analyzing the arguments for and against shipboard AFFF use, this Note recommends the Navy phase out AFFF on ships. (read more)

What's New

Climate Change An Autopsy of the Clean Power Plan

ELQ Journal

April 12th 2017

John Copeland Nagle* [ download PDF ] The Clean Power Plan (CPP) was supposed to be great. The Environmental Protection Agency (EPA) celebrated its regulation as “a historic and important step,” “fair, flexible and designed to strengthen the fast-growing trend toward cleaner and lower-polluting American energy,” providing “national consistency, accountability ...

Animal Law Enough Horsing Around

Computer Courage

March 3rd 2017

Joseph Godio Joseph Godio is the Senior Editor of Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate (ELRS).   I.       Introduction New York City is a city thought by many to be one of the most incredible, majestic, and beautiful cities in the world.  Its prominence ...

Water Bridging the Divide: Incorporating Interflow into Legal Discourse on Surface Water-Groundwater Interactions

ELQ Journal

March 3rd 2017

Reshmina William* and A. Bryan Endres**  [ download PDF ] Introduction Despite the traditional separation of groundwater and surface water in academic and legal literature, both systems are in fact tightly interconnected. This artificial distinction persists due to the idea that groundwater movement takes place on a much larger timescale ...

Climate Change Climate Change Regulation Through Litigation: New York’s Investigation of ExxonMobil under the Martin Act

Computer Courage

February 24th 2017

Chris Erickson Chris Erickson is a Junior Editor of the Michigan Journal of Environmental and Administrative Law at the University of Michigan Law School. This post is part of the Environmental Law Review Syndicate (ELRS). In November 2015, New York Attorney General Eric Schneiderman began an investigation into whether ExxonMobil ...

Events Race Judicata

Computer Courage

January 28th 2017

Race Judicata is a 5/10k race around the UC Berkeley campus sponsored by ELQ. Race Judicata raises funds for fellowships to support unpaid summer public interest and public sector positions. Come join us and run for a worthy cause.

Events Annual Banquet

Computer Courage

January 28th 2017

At this fundraising banquet, ELQ honors not only influential members of the environmental community through the Environmental Leadership Award but also sponsors the year’s best student writers with our writing awards.

Climate Change The Legislative History of the National Park Service’s Conservation and Nonimpairment Mandate

ELQ Journal

December 19th 2016

Caitlin Brown Caitlin Brown is a 3L at Berkeley Law and Co-Editor in Chief of Ecology Law Quarterly. This post is part of the Environmental Law Review Syndicate (ELRS).   Introduction The National Park Service manages over 84 million acres of land divided between 413 different sites, and in 2015 ...

Climate Change Our Money is Safe, but the Planet Is Not: How the Carbon Bubble Will Cause Havoc for the Environment, but Not the Stock Market

ELQ Journal

December 13th 2016

Breanna Hayes Breanna Hayes is the Managing Editor of the Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate (ELRS).                  I.              Introduction Human use of fossil fuels dates back to prehistoric times.[1]  Before the Industrial Revolution, ...

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