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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

Science and Deference: The “Best Available Science” Mandate is a Fiction in the Ninth Circuit

ELQ Journal

October 21st 2016

Elizabeth Kuhn  Elizabeth Kuhn is a 3L at Lewis & Clark Law School. This post is part of the Environmental Law Review Syndicate (ELRS). I.       Introduction Many recent decisions by the Ninth Circuit[1] have required the court to review agency actions under the Administrative Procedure Act[2] (APA) arbitrary or capricious ...

WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow

ELQ Journal

October 14th 2016

Hume Ross This post is part of the Environmental Law Review Syndicate (ELRS).   I.       Introduction Before World War II, Japanese Admiral Yamamoto wrote: “Because I have seen the motor industry in Detroit and the oilfields of Texas, I know Japan has no chance if she goes to war with ...

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 ...

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 ...

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 ...

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 ...

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 ...

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