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Opting In to Regionalization: Why the Risks for Western States Are Low

This Article assesses key risks to state authority that could arise from regionalization: federal jurisdiction may interfere with state clean energy policy, restrict states’ control over in-state energy resources, and preempt state law. The Article analyzes each of these risks in the context of Western regionalization and concludes that none ... (read more)

Who Owns Climate Litigation Awards?

This Article illustrates how the fragmentation of global climate harm into individual lawsuits, in which each local government seeks damages for its own mitigation and adaptation costs, could lead to a “first-sue, first-served” climate finance regime. This Article explores the benefits and risks of this litigation effort, the responsibilities of ... (read more)

What if We Understood What Animals Are Saying?: The Legal Impact of AI-Assisted Studies of Animal Communication

This Article explores the burgeoning fields of artificial intelligence and bioacoustics and their potential to reshape nonhuman animal law. (read more)

The Unexpected Implications of Sackett v. EPA on Water Quantity Allocations in the Arid West

This article takes a unique perspective on how the Supreme Court’s recent decision in Sackett v. EPA, which further restricted the scope of waters covered by the Clean Water Act, will impact water quantities in the arid West. (read more)

What's New

A Perfect Storm for Michigan’s Renewable Portfolio Standard?

ELQ Journal

November 4th 2015

Sarah Stellberg Sarah Stellberg is a 3L at the University of Michigan Law School, where she is Editor-in-Chief of the Michigan Journal of Environmental & Administrative Law. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. In his ...

A Leading Cause of Everything: One Industry That Is Destroying Our Planet and Our Ability to Thrive on It

ELQ Journal

October 30th 2015

Christopher Hyner Christopher Hyner is a 3L at Georgetown University Law Center, where he is a Managing Editor for the Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. Climate change. Ocean dead zones. Fisheries depletion. Species extinction. Deforestation. World hunger. ...

Enhancing biodiversity on working agricultural lands through environmental mitigation and offsets: Opportunities in Australia and the United States

ELQ Journal

October 18th 2015

Matthew Roach* [ Click Here to Comment ][ Download PDF ] Australian agencies have extensive experience managing working agricultural lands to enhance biodiversity. State and Commonwealth agencies are increasingly using environmental offsets as a tool to manage the impacts of development. However, working agricultural lands are generally not considered a ...

Applying Stakeholder Theory to Utility Regulation

ELQ Journal

January 26th 2015

Inara Scott* [ Click Here to Comment ][  Download PDF ] Many in the energy sector have called for a transformation of the traditional utility model to accommodate developments in distributed generation, address declining utility financial returns, and facilitate a transition to a low-carbon future.[1] These proponents envision this transformation ...

Preservation Is a Flawed Mitigation Strategy

ELQ Journal

January 16th 2015

Jessica Owley* [ Click Here to Comment ][   Download PDF ]   Introduction The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. To help achieve that objective, the Act limits the ability to dredge or fill a ...

Celebrating the Many Contributions of Joe Sax

ELQ Journal

December 5th 2014

With the passing of Joseph L. Sax this past spring, Berkeley Law and the global environmental community lost a beloved colleague, friend, mentor, and hero. At the time, we offered some words in his honor on Legal Planet. (link: http://legal-planet.org/2014/03/10/in-memoriam-joseph-l-sax-gentleman-scholar-giant-of-environmental-law/) We are very pleased to have another occasion to celebrate ...

Damages from Pesticide Spray Drift under Trespass Law

ELQ Journal

March 21st 2014

Terence J. Centner* [ Click Here to Comment ][ download PDF ] Introduction In today’s world, millions of people lack access to sufficient quantities of food to meet recommended dietary needs.[1] As the world’s population grows, global demand only increases for food and fiber.[2] These shortages are occurring despite significant ...

The Berkeley Exchange: Celebrating Berkeley’s Contribution to Environmental Law Scholarship

ELQ Journal

January 27th 2014

The Berkeley Exchange: Celebrating Berkeley’s Contribution to Environmental Law Scholarship Friday, February 7, 2014Symposium 8am-5:30pmAll-Alumni Reception 6pm-8pm [Download the Berkeley Exchange event flyer] On Friday, February 7th, Berkeley Law’s Ecology Law Quarterly and Center for Law, Energy, and the Environment are proud to host their symposium, The Berkeley Exchange: Celebrating ...

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