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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 Trains Deliver the Goods

ELQ Journal

December 8th 2008

Lawrence B. Landman * [ jump to end/comments ][ download PDF ] Trucks Pollute, Trains Don’t Trains carry goods 94 percent more efficiently than do trucks. California should therefore encourage firms to ship goods on trains, not trucks. Yet the California Air Resources Board (CARB), in its draft Scoping Plan, ignores ...

Climate Change Land Use and Climate Change: Is it Time for a National Land Use Policy?

ELQ Journal

November 24th 2008

Catherine J. LaCroix * [ jump to end/comments ][ download PDF ] The immediate and short answer to the question in the title is no. It will never be time for an articulated federal land use policy; the tradition of local control of land use is simply too strong. But ...

International China’s Environment After the Olympics

ELQ Journal

October 30th 2008

Lo Sze Ping * [ jump to end/comments ][ download PDF ] I. Introduction China’s economy is the fastest growing in the world. Official Chinese government figures, from the National Bureau of Statistics, indicate that China’s economy grew 11.9 percent in 2007, the fastest rate of growth in more than ...

Energy Building Energy Efficiency in China

ELQ Journal

October 30th 2008

Ruidong Jin and Fan Rui * [ jump to end/comments ][ download PDF ] I. Yesterday: Was Building Energy Efficiency Needed in China? This was the question asked by Natural Resources Defense Council (NRDC) when we first entered China early in 1998. To our surprise, we found few people interested ...

International Enhancing China’s Environmental Governance: Challenges and Opportunities

ELQ Journal

October 30th 2008

Fuqiang Yang and Min Hu * [ jump to end/comments ][ download PDF ] Introduction China’s economic and social development has had severe environmental impacts: from land and water resource deterioration to becoming the world’s largest greenhouse gas emitter, pollution has resulted in total losses equivalent to 3.05 percent of ...

California California & the Future of Environmental Law & Policy

ELQ Journal

September 15th 2008

Richard M. Frank * [ jump to end/comments ][ download PDF ] Earlier this year, the U.C. Berkeley School of Law’s California Center for Environmental Law & Policy (CCELP) sponsored and hosted a major conference, “California & the Future of Environmental Law & Policy.”[1] The purpose of this successful event, ...

California Can California’s Water Problems Be Solved?

ELQ Journal

September 15th 2008

Peter H. Gleick * [ jump to end/comments ][ download PDF ] Introduction The title of the speech is from a presentation titled “Can California’s Water Problems Be Solved?” but, in retrospect, this rhetorical question seems a bit ridiculous.[1] Of course California’s water problems can be solved. The important questions ...

Climate Change Global Warming Tort Litigation: The Real “Public Nuisance”

ELQ Journal

September 15th 2008

Theodore J. Boutrous, Jr. and Dominic Lanza * [ jump to end/comments ][ download PDF ] Climate change litigation is booming. The past five years have witnessed a proliferation of global warming lawsuits brought under an array of novel legal theories. This article focuses on the subset of global warming ...

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