This Article argues that litigation, when deployed critically and strategically, can have important material and cultural benefits for social movements. The Cricket Hollow Zoo campaign vividly demonstrates litigation’s positive direct and indirect effects. At the same time, the case study illustrates some of the risks and limits of relying on ...

In 2021, Wisconsin’s supreme court rejected the notion that Act 21 alters the DNR’s broad and explicit statutory charge to act as a trustee of the state’s waters, as written into sections 281.11 and 281.12 of the Wisconsin Statutes. The interviews with Water Specialists and their supervisors demonstrate that these ...

Going forward, both formal regulation and informal mechanisms are needed to create better accountability for large-scale environmental technology solutions. Despite the potential consequences, new technologies hold real promise for improving ecosystem health and environmental management globally. Many potential features could improve governance of these technologies, but it is essential that ...

This Article examines the Preventing Animal Cruelty and Torture (PACT) Act. This Article argues that the definition of animal crushing should include the torture of low-value animals. Because the PACT Act presents a legitimate governmental interest in preventing animal cruelty, this interest could extend to low-value animals in other federal ...

Environmental law covers a lot of territory, intersecting with energy law and land use law. The range of topics in the Annual Review is a tribute to the diversity of the field. The contributions to this issue demonstrate that innovative legal analysis can not only advance legal doctrine, but can ...

The Court’s major questions doctrine is deeply flawed and should be renounced. There are several reasons for this conclusion: the doctrine lacks analytical rigor; it aggrandizes the judiciary at the expense of constitutionally mandated separation of powers principles; it is unnecessary, since existing mechanisms provide more than adequate judicial review ...

This Note proposes a new standard for review in the spirit of both the precautionary principle and the deference owed to agency decisions on technical matters. Such a standard is grounded in the ESA and the Supreme Court’s reasoning in Tennessee Valley Authority v. Hill.

There are various possible methods for the United States to become more forward-looking, which is essential if we are going to reduce greenhouse gas emissions and protect future generations from climate change. The United States is unlikely to follow precisely in the footsteps of France and Germany because Notre Affaire ...