This Article argues that the Bipartisan Infrastructure Law (BIL) and Inflation Reduction Act (IRA) were less likely to reduce U.S. greenhouse gas emissions than believed when enacted, and that a misconceived narrative of spending effectiveness undercut the perceived urgency of further legislative action on climate change in the United States.

This Article describes the emerging role of private entities in returning land and land access to Indigenous peoples.

Irrespective of the method of interpretation, the ESA is clearly designed to protect endangered and threatened species, as well as their habitats, to the greatest extent possible. Removing the definition of “harm” will prevent enforcement of the ESA against ongoing actions and render incidental taking permits nearly useless. Without effective ...

Federal courts have the tremendous power to grant stays, which temporarily stop administrative agencies from implementing and enforcing new regulations. By delaying the benefits or harms of agency actions, these stays can have wide-ranging impacts, even before courts decide the legality of those actions. But the Supreme Court infrequently adheres ...

Ecology Law Quarterly Volume 51.2 Front Matter

We are honored to introduce Ecology Law Quarterly’s Annual Review for 2023–24 presented in this 51.2 edition. The Annual Review represents a unique opportunity to highlight the academic scholarship of Berkeley Law students. This year’s selection of cases range from covering landmark decisions on our nation’s foundational environmental statutes to ...

This Note argues that Congress can and should pass new federal building electrification legislation to protect, incentivize, and accelerate local electrification efforts.

This Note analyzes and applies the Supreme Court’s reasoning in National Pork Producers Council v. Ross (NPPC) to make two arguments. First, it argues the majority’s analysis of extraterritoriality in NPPC reinforces the case for overruling the previous “garbage cases” and refocusing the Dormant Commerce Clause (DCC) on protectionism. Second, ...