Showing 1 of 4

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

Aviation and Emissions Trading in the European Union: Pie in the Sky or Compatible with International Law?

ELQ Journal

February 15th 2012

Stephanie Switzer* [ Click Here to Comment ][ download PDF ] In 2003, the then European Community[1] adopted Directive 2003/87/EC, establishing a scheme for trading allowances of greenhouse gas (GHG) emissions.[2] Directive 2003/87/EC mandated the establishment of an emissions trading scheme (ETS) within the European Community “to promote reductions of ...

Seawater Desalination: Climate Change Adaptation Strategy or Contributor?

ELQ Journal

December 4th 2011

Angela Haren Kelley* [ Click Here to Comment ][ download PDF ] While droughts and water supply challenges have plagued California for decades, climate change will increase the strain on California’s water management system.[1] Seawater desalination—the process of removing salt and other minerals from seawater—is often hailed as the solution ...

Clean Water Act Liability for Stormwater Discharge Regardless of Who Muddied the Waters

ELQ Journal

July 19th 2011

Yana Welinder[*] [ Click Here to Comment ][ download PDF ] Introduction Regulating pollution from stormwater that flows over structures and paved surfaces, collecting waste and sediments and ultimately spilling into rivers and oceans, can be a true “administrative nightmare.”[1] However, on March 10, 2011, the Ninth Circuit clarified that, ...

Acceptability of the Deschutes Groundwater Mitigation Program

ELQ Journal

June 7th 2011

Eva Lieberherr* [ Click Here to Comment ][ download PDF ] “We can’t create water or increase the supply. We can only hold back and redistribute what there is.”[1] In the last decade, the Deschutes River Basin in Central Oregon has faced growing urbanization, shifting water uses, and increasing ecosystem ...

CERCLA’s Unrecoverable Natural Resource Damages: Injuries to Cultural Resources and Services

ELQ Journal

March 3rd 2011

Sarah Peterman* [ Click Here to Comment ][ download PDF ] Introduction Confusion over what damages are recoverable as natural resource damages (NRD) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and other federal statutes abounds, giving credence to the oft-repeated phrase that “CERCLA is not ...

7th Annual EJ Symposium — Hungry for Justice: Growing an Equitable Food System

ELQ Journal

February 27th 2011

[ Clck Here to Comment ]  

A National Injustice: The Federal Government’s Systematic Removal and Eradication of an American Icon

ELQ Journal

February 17th 2011

Bruce Wagman[*] & Lisa McCurdy[**] [ Click Here to Comment ] [ download PDF ] Brutal captures and deaths of American wild horses are occurring on the range. This is not a fictional western gone bad but federal policy. The government tries to justify this cruelty with junk science and ...

Student Review of Selected Panels at the Thelton E. Henderson Center for Social Justice 2010 Symposium “Empowered Partnerships: Participatory Action Research for Environmental Justice”

ELQ Journal

January 21st 2011

Anna Lund, Michelle Ben-David, and Ubaldo Fernandez* [ Click Here to Comment ][ download PDF ]  The following articles are student responses and observations of a selected few panels at Berkeley Law’s 2010 Symposium “Empowered Partnerships: Participatory Action Research for Environmental Justice” hosted by the Thelton E. Henderson Center for ...

Showing 393 - 400 of 443

ELQ at a Glance

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

Subscribe to Our Newsletter

Stay up to date about upcoming events and exciting news about our current members.