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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

California 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 ...

California 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, ...

Land Management 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 ...

Practitioner Tips 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 ...

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

ELQ Journal

February 27th 2011

[ Clck Here to Comment ]  

Animal Law 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 ...

Berkeley Law Symposia 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 ...

Energy BP’s Well Evaded Environmental Review: Categorical Exclusion Policy Remains Unchanged

ELQ Journal

November 3rd 2010

Jaclyn Lopez* [ Clck Here to Comment ][ download PDF ] Introduction Sea snot, tar balls, and designated oiled carcass holding locations are just a few of the many appalling and lingering consequences of the failure of BP’s Macondo well in the deep waters of the Gulf of Mexico. The ...

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