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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

Land Management Congress Must Act To Fully Fund the Land and Water Conservation Fund

ELQ Journal

May 26th 2016

 Andrew J. Lewis* [ Click Here to Comment ][ download PDF ]   Introduction This past summer my family celebrated my grandfather’s 90th birthday by walking the Civil War battlefield at Chancellorsville Virginia. The battlefield forms a section of the Fredericksburg and Spotsylvania National Military Park, 7600 acres of rural ...

A Primer on Rails-to-Trails Conversions in the Eastern U.S.

ELQ Journal

May 2nd 2016

Garrett M. Gee Garrett M. Gee is a 3L at William & Mary Law School and staff member of William & Mary Environmental Law and Policy Review. This post is part of the Environmental Law Review Syndicate.   The Rails-to-Trails Act ("Trails Act") provides localities and nonprofits with a useful ...

Animal Law Ethical Convergence and the Endangered Species Act

ELQ Journal

April 25th 2016

Caitlin Troyer Busch Caitlin Troyer Busch is a 2L at Stanford Law School. This post is part of the Environmental Law Review Syndicate. Introduction The Endangered Species Act (ESA) is both lauded and criticized as one of the most powerful environmental laws ever enacted. Proponents of the law praise it ...

Climate Change Adapting the Paris Agreement

ELQ Journal

April 18th 2016

Bonnie Smith Bonnie Smith is the Staff Editor at the Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. Introduction For the first time in the history of international climate negotiations, adaptation has its own article in a legal text. Even more striking is ...

Climate Change It is Time for Oregon to Define its Public Trust Duties

ELQ Journal

April 10th 2016

Olivier Jamin Olivier Jamin is a 2L at Louis & Clark Law School and is the Online Journal Editor of Environmental Law. This post is part of the Environmental Law Review Syndicate. I. Introduction The public trust doctrine (PTD) is a concept under which states have the duty to preserve ...

Climate Change Towards a Middle Path: Loss & Damage in the 2015 Paris Agreement

ELQ Journal

April 4th 2016

Maryam Al-Dabbagh Maryam Al-Dabbagh is an L.L.M student in Environment & Energy Law at New York University School of Law and is the Graduate Editor of the NYU Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. Introduction In the lead-up to the Paris talks, the ...

Policy & Politics When a Disaster Is Not a “Disaster” and Why that Title Matters for Flint

ELQ Journal

March 31st 2016

Helen Marie Berg  Helen Marie Berg is a student at The University of Michigan Law School and is a general member of the Michigan Journal of Environmental & Administrative Law. This post is part of the Environmental Law Review Syndicate. In January 2016, Michigan Governor Rick Snyder appealed to the ...

Climate Change Rising Seas in the Holy City: Preserving Historic Charleston in the Face of Global Climate Change

ELQ Journal

March 27th 2016

Will Grossenbacher Will Grossenbacher is a 3L at the University of Virginia School of Law and is the former Editor-in-Chief of the Virginia Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. From October 2–5, 2015, the State of South Carolina, and the City of Charleston ...

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