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Incorrect & Pernicious: The Chlorpyrifos Litigation, Sugarbeet Growers, and the Proper Role of Courts in Arbitrary and Capricious Review

This Note explains how the Eighth Circuit found that EPA’s decision to ban the use of chlorpyrifos on food crops, which was based on the Ninth Circuit’s interpretation of its statutory mandate, was arbitrary and capricious. The Note then argues the reasoning employed by the Eighth Circuit to reach this ... (read more)

A Seat at the Table: How Texas v. New Mexico Provides Tribes a Potential Route to Assert Outstanding Water Rights Claims in Water Compact Disputes

This Note argues that, while it is far from guaranteed, Texas v. New Mexico may present Native American tribes with a unique way to finally see their water rights addressed in water compacts. (read more)

Who the ADVANCE Act Leaves Behind: The Neglected Needs of Nuclear Closure Communities

This Note examines past failed federal legislation to investigate why the ADVANCE Act may have lost its nuclear closure communities provision. This Note also discusses why nuclear closure communities deserve support, drawing parallels between the economic devastation that nuclear closure communities experience and the similar circumstances coal communities face in ... (read more)

Sea Change: Social Derisking America’s Offshore Wind

Offshore wind energy represents a critical opportunity for America’s clean energy transition, yet community opposition remains a significant barrier to its success. This paper introduces the concept of “social derisking,” which emphasizes stakeholder collaboration as a strategy to mitigate the risks of project delays and cancellations due to a lack ... (read more)

Endangered Justice? Exploring Corner Post’s Ripple Effects on Endangered Species Act Litigation

This Note argues that the Corner Post principle presents a transformative shift in environmental litigation, particularly under the Endangered Species Act, by extending the date for claim accrual and enabling plaintiffs to challenge longstanding agency regulations and decisions that continue to harm vulnerable species. This principle facilitates an opportunity for ... (read more)

Settling for More in Climate Litigation

As one of the first instances of success in American climate litigation, Navahine F. v. Hawai‘i Department of Transportation demonstrates the potential of settlement in a climate litigant’s toolbox to maximize plaintiffs’ goals. This Note argues that settlement may provide an opportunity for climate litigants to obtain more concrete commitments ... (read more)

Navigating PFAS: Reevaluating the U.S. Navy’s Reliance on Aqueous Film-Forming Foam

This Note explores the environmental implications of AFFF use aboard Navy vessels, addressing both the current regulatory framework and ongoing litigation related to AFFF contamination. Analyzing the arguments for and against shipboard AFFF use, this Note recommends the Navy phase out AFFF on ships. (read more)

What's New

Biodiversity 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. ...

Biodiversity 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 ...

Energy 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 ...

Water 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 ...

California 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: https://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 ...

California 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 ...

Berkeley Law Symposia 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 ...

California 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 ...

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