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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

Liability for Environmental Damages from the Offshore Petroleum Industry: Strict Liability Justifications and the Judgment-Proof Problem

Julie Rose

March 25th 2020

After the Deepwater Horizon oil spill of 2010, one of the worst environmental man-made disasters and the largest ever oil spill in the United States, scholars and government investigators analyzed the offshore regulatory regime and its implementation in search of failures that led to the accident and possible solutions. Relatively ...

Gulf Restoration Network v. McCarthy: The Necessity Determination Mechanism to Ensure Government Accountability

Julie Rose

March 25th 2020

Since the 1970s, the Gulf of Mexico has suffered from human-produced nutrient pollution. The ongoing pollution from the Mississippi River Basin has created a “dead zone” in the Gulf of Mexico that harms biodiversity and the fishing and tourism industries. When the Environmental Protection Agency (EPA) rejected a petition from ...

Pollinator Stewardship Council v. EPA and the Duty to Research FIFRA Applications

Julie Rose

March 25th 2020

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) prohibits the sale or distribution of any pesticide without prior registration and approval by the Environmental Protection Agency (EPA). EPA may deny applications for pesticide registration when “necessary to prevent unreasonable adverse effects on the environment.” On September 10, 2015, the Ninth ...

Grand Canyon Trust v. Williams: Tribal Land Protection and the Battle for Red Butte

Julie Rose

March 25th 2020

In the midst of a Northern Arizona plateau, a rust-colored hill rises steeply from a base of sandstone to a summit of volcanic rock. The Havasupai Tribe (“the Tribe”) refers to this land as the “mountain of the clenched fist,” and it is one of their most sacred spaces. More ...

Regional Energy Governance and U.S. Carbon Emissions

Julie Rose

March 24th 2020

The U.S. Environmental Protection Agency’s final rule that limits carbon dioxide emissions from existing power plants—the Clean Power Plan—is an environmental regulation that powerfully influences energy law and forms a key part of the U.S. plan to meet its voluntary international commitments under the December 2015 Paris Agreement on climate ...

Does Active Choosing Promote Green Energy Use? Experimental Evidence

Julie Rose

March 24th 2020

Many officials have been considering whether it is possible or desirable to use choice architecture to increase the use of environmentally friendly (“green”) products and activities. The right approach could produce significant environmental benefits, including large reductions in greenhouse gas emissions and better air quality. This Article presents new data ...

Climate Change and International Economic Law

Julie Rose

March 24th 2020

This Article examines an unexplored issue arising at the intersection of international economic law and international environmental law: How might international economic law adapt to allow states in the Global South, which are disproportionately impacted by the sudden and unforeseen impacts of global climate change, to exit or modify economic ...

A Brook with Legal Rights: The Rights of Nature in Court

Julie Rose

March 24th 2020

Our brooks will babble in the courts,/Seeking damages for torts. Over two decades ago, Professor Christopher Stone asked what turned out to be a question of enduring interest: should trees have standing? His question was recently answered in the affirmative by a creek in Pennsylvania, which successfully intervened in a ...

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