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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

Levine v. Vilsack: When “Likely” Actually Means “Definitely”

ELQ Journal

March 8th 2010

Bruce Wagman & Lisa McCurdy* [ Click Here to Comment! ] [ download PDF ] Sometimes procedural rulings allow courts to avoid important decisions that would otherwise make social and ethical declarations about the duality of American values with respect to animals. Stark evidence of that comes with the recent ...

Avoiding Carbon Myopia: Three Considerations for Policy Makers Concerning Manmade Carbon Dioxide

ELQ Journal

February 28th 2010

Willie Soon* and David R. Legates** [ Click Here to Comment ][ download PDF ] Towards a Global Carbon Regulatory Trading Scheme In December 2009, lawmakers and representatives from around the world, along with scientists, numerous journalists, and various celebrities flew to Copenhagen, Denmark. For the most part, their goal ...

Is It Really a Huge Mistake? Choosing Between Carbon Fees and Cap-and-Trade

ELQ Journal

December 28th 2009

A Commentary on “The Huge Mistake – Climate Change Solutions 2009” Juan Arturo Iluminado C. de Castro* [ jump to end/comments ][ download PDF ] In the video, “The Huge Mistake – Climate Change Solutions 2009,”[1] Laurie Williams and Allan Zabel (two highly experienced attorneys from the Environmental Protection Agency) ...

Harnessing the Potential of the Clean Water Act to Address Ocean Acidification

ELQ Journal

December 5th 2009

Miyoko Sakashita* [ jump to end/comments ][ download PDF ] In the halls of Congress and at the climate conference in Copenhagen, the question of how we can agree to reduce greenhouse gas pollution looms large. Under the sea’s surface, the question is whether the carbon dioxide (CO2) reductions will ...

Student Review of Selected Panels at the California State Bar’s 2009 Environmental Law Conference at Yosemite

ELQ Journal

December 1st 2009

    Jessica Intrator, Lala Wu, Holly Wagenet, Sarah Barker-Ball, Camille Pannu, & Emily Jeffers* [ jump to end/comments ][ download PDF ] Weed in the Wild: Environmental Consequences of Marijuana Cultivation on Public LandsSpeaker: Chief Ranger Steve Shackelton, Yosemite National Park Yosemite Chief Ranger Steve Shackelton has a lot ...

Colorado, Centennial State at the Headwaters*

ELQ Journal

September 8th 2009

Justice Greg Hobbs, Colorado Supreme Court** [ jump to end/comments ][ download PDF ] Circumference We gather here to learn and celebrate, to greet dear friends and meet new ones, to recognize those among us who have gained our admiration for the circumference of their views and the bounty of ...

A Framework for Energy Independence via Solar Hosting Farms

ELQ Journal

August 12th 2009

Raymond Marshall* [ jump to end/comments ][ download PDF ] Introduction Imagine for a moment that you live in an apartment building, rent commercial space in a shopping center, lease office space in a building, own a house in a densely wooded area, or manage a government agency in a ...

Fishing for Justice or Just Fishing?

ELQ Journal

August 12th 2009

Fraser M. Shilling* [ jump to end/comments ][ download PDF ] California is not unique among states by virtue of having both a sizable urban fishing population and environmental pollution leading to fish contamination. Nor is it alone when it comes to having both highly diverse communities actively engaged in ...

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800+ Authors
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1,600+ Alumni

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