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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 Integrating Land Use and Transportation Policy in California: The Legislature’s Response

ELQ Journal

September 15th 2008

Dave Jones * [ jump to end/comments ][ download PDF ] The Challenge Accelerated climate change is the preeminent environmental and economic issue of our time. Unless we change course now, it will be the preeminent issue for the next generations also. Recognizing the situation, the Legislature passed Assembly Bill ...

Introduction

ELQ Journal

April 11th 2008

William M. Chamberlain * [ jump to end/comments ][ download PDF ] Once again, Boalt Hall’s Ecology Law Quarterly is breaking new ground in the provision of timely and useful legal analysis on environmental topics. We are pleased to introduce Ecology Law Currents, an online journal that will provide the ...

Energy Licensing the Rebirth of Nuclear Power: A Primer

ELQ Journal

April 11th 2008

Tyson Smith * [ jump to end/comments ][ download PDF ] Introduction In 2007, the nuclear industry took the first steps toward a second generation of nuclear construction in the United States. Starting with a partial application in July 2007 for a new unit in Maryland, and followed by complete ...

Energy Resolving the Spent Fuel Issue for New Nuclear Power Plants

ELQ Journal

April 11th 2008

Fred Bosselman * [ jump to end/comments ][ download PDF ] In the United States, opponents of new nuclear power plants argue that no new plants should be built until we are prepared to bury the spent fuel from power plants in a permanent storage facility.[1] In my opinion, it ...

Energy The Externalities of Nuclear Power:First, Assume We Have a Can Opener . . .

ELQ Journal

April 11th 2008

Karl S. Coplan * [ jump to end/comments ][ download PDF ] Introduction The nuclear power industry has latched on to global warming as an argument for its renaissance. Although even industry proponents acknowledge that the problem of disposing of spent nuclear fuel remains unsolved, the industry routinely assumes this ...

Climate Change Relative Risk: Global Warming and Imported Fossil Fuels vs. Nuclear Power

ELQ Journal

April 11th 2008

California State Assemblyman Chuck DeVore * [ jump to end/comments ][ download PDF ] Understanding relative risk is at the heart of America’s current debate over a revival of nuclear power. “Nuclear power is dangerous,” say the critics. “Dangerous compared to what?” should be the reply. Commenting in early 2007, ...

California Greenhouse Gas Emissions under CEQA – Costs and Opportunities

ELQ Journal

April 11th 2008

Peter V. Allen * [ jump to end/comments ][ download PDF ] The recent enactment of SB 97[1] has codified the California Attorney General’s argument that increased greenhouse gas emissions and their effects constitute an environmental impact that must be considered by a permitting agency under the California Environmental Quality ...

Energy Would it be Unethical to Dump Radioactive Wastes in the Ocean? The Surprising Implications of the Person-Altering Consequences of Policies

ELQ Journal

April 11th 2008

Gregory Scott Crespi * [ jump to end/comments ][ download PDF ] Introduction Should we put all of our high-level radioactive wastes into ordinary steel barrels that have perhaps 200-year expected containment capabilities in salt water, and then dump them all into the depths of the Pacific Ocean and forget ...

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