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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

Building Certainty into the Electric Transition: Tools to Resist Ideological Instability

Joyce Chen

October 14th 2024

With billions on the line, an entire new infrastructure to build, novel connections between the transportation and electric and building sectors, and a shifting global trade web, the last thing industry needs is to find out what Samuel Alito thinks James Madison might have thought about batteries. Electoral uncertainty in ...

2023 Annual Symposium — Foreword

Malia Libby

September 12th 2024

Ecology Law Quarterly’s Annual Symposium is a forum for leading voices in environmental and energy law, policy, and advocacy. The 2023 Annual Symposium explored the challenges and opportunities of rural lawyering. The event highlighted the unique environmental and social issues faced by rural communities.

2023 Annual Symposium — Panel 1: Effects of the Energy Transition on Rural Legal Work

Malia Libby

September 12th 2024

The first panel of Ecology Law Quarterly’s 2023 Annual Symposium was entitled “Effects of the Energy Transition on Rural Legal Work.” The moderators were Katalina Hadfield, Christina Libre, Anna Goldberg, and Sabrina Ashjian. Speakers included Mary Cromer, Tanmay Shukla, and Samantha Ruscavage-Barz.

2023 Annual Symposium — Panel 2: Effects of Climate Change on Rural Legal Work

Malia Libby

September 12th 2024

The second panel of Ecology Law Quarterly’s 2023 Annual Symposium was entitled “Effects of Climate Change on Rural Legal Work.” The moderators were Sabrina Ashjian and Katalina Hadfield. Speakers included Estella Cisneros, John Meyer, and Kevin Hamilton.

2023 Annual Symposium — Individual Presentations from Speakers on Environmental Law in Rural Communities

Malia Libby

September 12th 2024

The penultimate session of Ecology Law Quarterly’s 2023 Annual Symposium was entitled “Individual Presentations from Speakers on Environmental Law in Rural Communities.” The moderators were Anna Goldberg and Christina Libre. Speakers included Kevin Hamilton, Mary Cromer, and John Meyer.

2023 Annual Symposium — Panel 3: Working and Organizing within Rural-Facing Public Interest Work

Malia Libby

September 12th 2024

This is the culminating panel of Ecology Law Quarterly’s 2023 Annual Symposium entitled “Working and Organizing within Rural-Facing Public Interest Work.” The moderators were Anna Goldberg and Christina Libre. Speakers included Tanmay Shula, John Meyer, Mary Cromer, Samantha Ruscavage-Barz, and Estella Cisneros.

Ecology Law Quarterly Volume 50.3

Malia Libby

August 21st 2024

Articles Making Climate Pledges Stick: A Private Ordering Mechanism for Climate Commitments, by Oren Perez & Michal P. Vandenbergh Just Regulation: Improving Distributional Analysis in Agency Rulemaking, by Richard L. Revesz & Burçin Ünel The Exclusion of Environmental Justice and Race in Environmental Law Casebooks, by Helia Bidad Climate Change ...

Making Climate Pledges Stick: A Private Ordering Mechanism for Climate Commitments

Malia Libby

August 21st 2024

Corporate climate commitments are an important part of the global response to climate change, but critics have warned that many of these pledges constitute empty commitments whose credibility is difficult to assess at best. This Article proposes two new financial instruments that address a core climate and corporate governance concern ...

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