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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

CONDUIT FOR PEACE IN THE MIDDLE EAST: AN ANALYSIS OF THE RED SEA–DEAD SEA WATER CONVEYANCE PROJECT

ELQ Journal

March 22nd 2018

By Sarah L. Fine This post is part of the Environmental Law Review Syndicate (ELRS). As the old saying goes, whiskey is for drinking—water is for fighting over. I. Introduction The mythic Dead Sea—the highly salinated, low-altitude lake of international interest and importance—is drying up.[1] Although the Jordan Rift Valley, where ...

Mitigating Greenhouse Gas Emissions in the Northeast and Mid-Atlantic Transportation Sector: A Cap-and-Invest Approach

ELQ Journal

March 7th 2018

James D. Flynn* This post is part of the Environmental Law Review Syndicate (ELRS). I.      Introduction In recent years, states in New England and the mid-Atlantic region have made significant progress in reducing climate change-inducing greenhouse gas (GHG) emissions from the electricity generation sector.[1] This has largely been the result of ...

Opportunities to Address Climate Change in the Next Farm Bill

ELQ Journal

November 28th 2017

  Sara Dewey,[2] Liz Hanson,[3] & Claire Horan[4] This post is part of the Environmental Law Review Syndicate (ELRS). Original article can be found here. Introduction The Farm Bill affects nearly every aspect of agriculture and forestry in the United States. Therefore, its next reauthorization offers an important opportunity to better ...

The Case for Cap-and-Trade: California’s Battle for Market-Based Environmentalism

ELQ Journal

November 8th 2017

Theodore McDowell* This post is part of the Environmental Law Review Syndicate (ELRS).  The California Cap-and-Trade program has been a beacon of success for market-based environmentalism. The program masterfully incorporated the lessons learned from previous cap-and-trade initiatives by more precisely allocating emission allowances and by setting higher price floors for auctions. ...

FERC Relicensing and Its Continued Role in Improving Fish Passage at Pacific Northwest Dams

ELQ Journal

October 15th 2017

 Skylar Sumner* This post is part of the Environmental Law Review Syndicate (ELRS).  I. Introduction The history of the American west is inextricably intertwined with damming rivers.[1] Whether for navigation, irrigation, or hydroelectric power, nearly every American river has been dammed.[2] In fact, stretching back to the day the Founding Fathers ...

The SB 32 Scoping Plan Update, Waivers, and ZEVs

ELQ Journal

May 14th 2017

Garrett Lenahan This post is part of the Environmental Law Review Syndicate (ELRS).  I. Scoping Plan Background Two prominent pieces of Californian legislation that seek to address climate change are Assembly Bill 32 ("AB 32") and Senate Bill 32 ("SB 32"). AB 32 required California to reduce its greenhouse gas ("GHG") ...

MS4 Regulation and Water Quality Standards

Computer Courage

May 14th 2017

Matt Carlisle This post is part of the Environmental Law Review Syndicate (ELRS).   I. Introduction: Storm water is a major polluter. As one judge put it, “Storm water runoff is one of the most significant sources of water pollution in the nation, at times ‘comparable to, if not greater than, ...

Repurposing Ecolabels: Consumer Pressure as a Tool to Abate Human Rights Violations in International Fisheries

ELQ Journal

April 24th 2017

Andrew Miller Andrew Miller is the 2017-2018 Senior Articles Editor for Ecology Law Quarterly. This post is part of the Environmental Law Review Syndicate (ELRS).  [ Click Here to Comment ] [ download PDF ] Introduction In March of 2015, the Associated Press (AP) published AP Investigation: Slaves May Have ...

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