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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

California’s Precarious Path to Climate Change Mitigation

ELQ Journal

December 6th 2013

By Penni Takade* [ Click Here to Comment ][ download PDF ] California’s ambitious cap and trade program for greenhouse gases (GHG) began operations in 2013. The program is one of the centerpieces of the state’s climate mitigation plans. As with any major initiative, there are obstacles and weaknesses that can ...

The Obsolescence of Environmental Common Law

ELQ Journal

May 9th 2013

by R. Trent Taylor* [ Click Here to Comment ] [ download PDF ] Obsolescence, the process of becoming obsolete, is a staple of our lives in the twenty-first century. As new and better technologies develop at a faster and faster pace, our existing technologies—smartphones, televisions, computers—become obsolete almost as ...

Sulfuric Acid Mist: Regulating Uncertainties

ELQ Journal

December 7th 2012

Matthew Thurlow* [ Click Here to Comment ][ download PDF ] <<< See Update, January 2, 2013, below >>> Sulfuric acid mist, also known as H2SO4 or SO3,[1] is one of the least publicized air pollutants associated with emissions from coal-fired power plants. Long overshadowed by nitrogen oxides, sulfur dioxide, ...

Geographic Indications as a Tool to Promote Sustainability? Café de Colombia and Tequila Compared

ELQ Journal

October 29th 2012

Jennifer Barnette* [ Click Here to Comment ][ download PDF ] Geographical indications (GIs) are a type of intellectual property right associated with place-based names. GIs are used to identify products that come from certain regions and have particular characteristics that indicate the product’s quality or reputation (e.g. “Champagne,” “Roquefort”).[1] ...

Will the Wilderness Act Be Diluted in Drakes Estero?

ELQ Journal

August 27th 2012

Nell Green Nylen, Elisabeth Long, Mary Loum, Heather Welles, Dan Carlin, Brynn Cook, and Sage Adams* [ Click Here to Comment ][ download PDF ] <<< See Update 1, November 29, 2012, Below >>> <<< See Update 2, December 10, 2012, Below >>> Introduction and Background Drakes Bay Oyster Company ...

Hydraulic Fracturing and Groundwater Contamination: Can Disclosure Rules Clarify What’s In Our Groundwater?

ELQ Journal

July 31st 2012

Rachel Degenhardt* [ Click Here to Comment ][ download PDF ] Hydraulic fracturing is a process whereby chemical additives, sand, and water are pumped into underground source rocks at high pressures in order to release natural gas and oil for fuel production.[1] There are a number of potential environmental impacts ...

China’s Regulatory Response to the Looming Energy Crisis

ELQ Journal

June 20th 2012

                                                                   Yuwa Wei*                                 ...

Student Review of Selected Panels at the 2012 Water Law Symposium “Water and Growth: The Imperative for Sustainable Approaches to Uncertainty”

ELQ Journal

March 22nd 2012

[ Click Here to Comment ][ download PDF ]   Click here for videos of all sessions or on each session for its video. All review authors attended the 2012 Water Law Symposium hosted at the University of California, Berkeley, School of Law on January 21, 2012. The panel reviews ...

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201 Issues
800+ Authors
143 Members
1,600+ Alumni

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