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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 Food Justice and Food Retail in Los Angeles

ELQ Journal

June 25th 2009

Mark Vallianatos* [ jump to end/comments ][ download PDF ][ download Errata ] Food justice is the notion that everyone deserves healthy food and that the benefits and risks associated with food should be shared fairly. The concept borrows its distributional equity framework from the environmental justice movement, its focus ...

Climate Change Why 350? Climate Policy Must Aim to Stabilize Greenhouse Gases at the Level Necessary to Minimize the Risk of Catastrophic Outcomes

ELQ Journal

April 24th 2009

Matt Vespa * [ jump to end/comments ][ download PDF ][ download Errata ] Introduction After years of inaction, the possibility of substantive federal and international climate policy is finally in sight. With so much time already squandered, insufficient action today will foreclose the ability to prevent catastrophe tomorrow. If ...

Environmental Justice Spreading the Water Wealth: Making Water Infrastructure Work for the Poor*

ELQ Journal

April 22nd 2009

Patrick McCully and Lori Pottinger ** [ jump to end/comments ][ download PDF ] Want of clean water, decent sanitation, and adequate food and energy strips people of their dignity and their most basic rights. Inequitable access to water, especially for growing crops, is a major factor in global poverty ...

Forestry An Argument For Placing Logging Roads Under the NPDES Program

ELQ Journal

March 10th 2009

Kevin Boston & Matt Thompson * [ jump to end/comments ][ download PDF ] Introduction Recent judicial decisions addressing the impact of forest management on water quality suggest that EPA’s clarification of regulations under the Clean Water Act (CWA) may become increasingly important. Courts currently must decide whether water pollution ...

Land Management Restoring Public Trust in the Public Lands: An Agenda for the New Administration

ELQ Journal

January 27th 2009

Eric Biber, Holly Doremus, Dan Farber, Rick Frank, and Joseph Sax * [ jump to end/comments ][ download PDF ] Federally-owned and managed public lands occupy approximately thirty percent of the land area of the United States, and anywhere from forty-five percent to over eighty percent of the land area ...

Policy & Politics A Challenge for the Obama Team: Put Science and Federal Scientists to Better Use

ELQ Journal

January 22nd 2009

Holly Doremus * [ jump to end/comments ][ download PDF ] Introduction It’s no secret that the outgoing George W. Bush administration has been hostile to environmental interests. By all accounts the Obama administration will be different on that score (as on many others). Before it can concentrate on its ...

Biodiversity Stopping the Conversation: Amended ESA Section 7 Regulations Put Species At Risk

ELQ Journal

January 22nd 2009

Eric Biber and Cynthia Drew * [ jump to end/comments ][ download PDF ] The Endangered Species Act (ESA) is the primary legal tool in the United States for the protection of biodiversity. Since its enactment in 1973, it has played a central role in efforts to halt the decline ...

Biodiversity The First One Hundred Days: Ten Things President-Elect Obama Should Do to Confront the Climate Crisis

ELQ Journal

December 21st 2008

Patrick Parenteau * [ jump to end/comments ][ download PDF ] In a recent speech, former Vice President and Nobel laureate Al Gore challenged the nation to produce 100 percent of its electricity from non-carbon sources within ten years.[1] Linking the issues of climate, energy, economy and national security, Mr. ...

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