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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

Climate Change 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 ...

Climate Change 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) ...

Water 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 ...

Biodiversity 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 ...

Water 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 ...

Energy 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 ...

Environmental Justice 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 ...

Biodiversity Gray Wolves in the Northern Rockies Again Staring Down the Barrel at Hostile State Management

ELQ Journal

July 24th 2009

Jenny K. Harbine* [ jump to end/comments ][ download PDF ] Introduction Once abundant throughout the contiguous United States, gray wolves in the American West were brought to the brink of extinction by the 1930s through one of the most effective eradication campaigns in modern history. As a result, in ...

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