This In Brief explores how the court in Western Watersheds Project v. Haaland deviated from general practice of the Tenth Circuit and other circuits of remanding cases to district courts for evaluation of the appropriateness of vacatur or other injunctive relief. Given the substantive nature of the agency deficiencies of ...

This In Brief argues that in Center for Biological Diversity v. Haaland (Center v. Haaland), the Ninth Circuit severely limited the power of organizations to subject agency recovery plans to judicial review. Holding that a grizzly bear recovery plan was not “final agency action,” the Ninth Circuit effectively barred litigation ...

Ecology Law Quarterly Volume 51.2 Full Version PDF.

Ecology Law Quarterly Volume 51.1 Front Matter

The displacement of western agriculture due to drought retreat will likely be more severe than prior western retreats, due to climate change, urbanization, and uncounted water claims. This Article advocates that the federal government respond to the drought retreat crisis by providing economic relief to small farmers via agricultural managed ...

This Article draws on the example of OSHA’s consideration of an emergency heat rule to offer a new way of thinking about the use of emergency power by federal administrative agencies in the climate context.

Combatting climate change will involve a monumental effort to build low- and zero-carbon infrastructure. This Article presents the first national study of federal permitting and environmental reviews for energy infrastructure constructed between 2010 and 2021. The analysis reveals that most projects had streamlined administrative procedures or avoided federal regulation altogether.

States and the federal government lack crucial knowledge related to effective management of the country’s unique environmental treasures. Tribes’ environmental ethics, traditional ecological knowledge, and experience managing natural resources make them uniquely qualified to assume larger responsibilities in stewarding public lands. Shared stewardship will lead to better management of national ...