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Leave No One Behind: Realizing Environmental Justice through Climate Litigation Remedies

In 2015, twenty-one youth plaintiffs and environmental activists caught global attention when they sued the United States government for its complicity in perpetuating climate change. Juliana v. United States was likely the highest- profile climate case yet, and the next year, a federal district court judge ruled that the lawsuit could proceed. But in 2020, the plaintiffs lost in the Ninth Circuit where the court held that the plaintiffs lacked standing. Despite this loss, Juliana remains a remarkable case, if anything for the inspiration it provided for potential and future litigants. Indeed, climate litigation has only increased since the Juliana plaintiffs first filed their case, both domestically and internationally

Mar 15, 2022
Jina J. Kim

The Wild Horse Problem: An Opportunity to Amend the Wild Free- Roaming Horses and Burros Act

Although wild horses are largely considered non-native species in the American West, their majestic beauty has long captivated the minds of the public. In 1971, rapidly diminishing horse populations led to the enactment of the Wild Free-Roaming Horses and Burros Act (WHBA), to protect wild horses from “capture, branding, harassment, or death.” WHBA proved to be so successful that Congress amended it in 1978 to grant the Bureau of Land Management (BLM) greater ability to manage horse populations.

Mar 15, 2022
Andrea White

A Landowner Walks into a Bar: Using State Common Law to Encourage Efficient CERCLA Cleanups

In 2020, the Supreme Court decided Atlantic Richfield v. Christian, a case that asked the Court to reconcile ostensibly competing concerns in the Comprehensive Environmental Response, Compensation, and Liability Act: the jurisdictional bar that limits challenges to the Environmental Protection Agency’s ongoing cleanup plans and the savings clause that makes room for state restoration claims which are not available under the Act. The case arose when landowners on a Superfund site in Montana sought restoration damages under Montana state law during an ongoing Environmental Protection Agency- led cleanup.

Mar 15, 2022
Betsy Marshall

Tribal Co-Management: A Monumental Undertaking?

After seven years of organizing, the Bears Ears Inter-Tribal Coalition— made up of the Hopi, Navajo, Uintah and Ouray Ute, Ute Mountain Ute, and Zuni Nations—secured the protection of 1.35 million acres of federal public land within the boundaries of the state of Utah. The land included the twin Bears Ears buttes, which rose to the south above Cedar Mesa, a cultural landscape sacred to these five Native Nations and many others.

Mar 15, 2022
Emma Blake