Prints Archive

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 ...

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.

This In Brief explores how the Ninth Circuit’s decision in Cascadia Wildlands v. Scott Timber Co. (Wildlands) has significant implications for conservation measures, land use policies, and future Endangered Species Act (ESA) litigation.

First, this In Brief summarizes the Clean Air Act’s Renewable Fuel Standard program and small refinery exemptions, market research on Renewable Identification Number (RIN) compliance, relevant case law, and the standard of review under the Administrative Procedure Act. Second, it summarizes the D.C. Circuit’s decision in Sinclair Wyoming Refinery Co. ...

This In Brief analyzes how the Third Circuit’s decision in Boynes v. Limetree Bay Ventures, LLC demonstrates the importance of maintaining broad judicial discretion in setting the bond amounts attendant to preliminary injunctions. Absent such discretion, the interests of the movant— which the preliminary injunction is principally designed to protect—would ...

This In Brief explores the Tenth Circuit’s holding in Strawberry Water Users Association v. United States. It argues that this case underscores the urgent need for a mechanism to hold federal agencies accountable when they fail to take a proactive and adaptive approach to fire management—one that balances the ecological ...

This In Brief analyzes New Jersey Conservation Foundation v. FERC, where the D.C. Circuit found that the Federal Energy Regulatory Commission’s (FERC) approval of a natural gas pipeline project did not appropriately weigh GHG emissions as required by the National Environmental Protection Act (NEPA) and the Natural Gas Act (NGA). ...

This In Brief discusses the Third Circuit’s decision in Chemours v. EPA. Part I gives an overview of the relevant statutes and case law. Part II provides background on the parties and procedural history in Chemours. Part III analyzes how a court could have found jurisdiction to review the health ...

Ecology Law Quarterly Volume 52.1 Front Matter

This Article assesses key risks to state authority that could arise from regionalization: federal jurisdiction may interfere with state clean energy policy, restrict states’ control over in-state energy resources, and preempt state law. The Article analyzes each of these risks in the context of Western regionalization and concludes that none ...

This Article illustrates how the fragmentation of global climate harm into individual lawsuits, in which each local government seeks damages for its own mitigation and adaptation costs, could lead to a “first-sue, first-served” climate finance regime. This Article explores the benefits and risks of this litigation effort, the responsibilities of ...

This Article explores the burgeoning fields of artificial intelligence and bioacoustics and their potential to reshape nonhuman animal law.

This article takes a unique perspective on how the Supreme Court’s recent decision in Sackett v. EPA, which further restricted the scope of waters covered by the Clean Water Act, will impact water quantities in the arid West.

Ecology Law Quarterly Volume 51.4 Front Matter

Ecology Law Quarterly’s Annual Symposium invites and learns from voices beyond traditional environmental-legal academia: practicing lawyers, activists, policy advocates, and experts from other environmental fields. The 2024 Annual Symposium featured a host of experts and practitioners breaking down the traditional divide between “mainstream” environmentalism and the environmental movement. Our speakers ...

Ecology Law Quarterly’s 2024 Annual Symposium Introduction by Becky Hunter & Grayson Peters.

The first event of Ecology Law Quarterly’s 2024 Annual Symposium was a Q&A Conversation with Director of California State Parks Armando Quintero and Professor Holly Doremus on promoting equitable access to green spaces through policy, studying and encouraging reflection on the cultures within California’s state parks, and working with Native ...

The second event of Ecology Law Quarterly’s 2024 Annual Symposium was a panel discussion on equitable access to green space. The panel featured Equity Officer for East Bay Regional Park District and Founder of Latino Outdoors Jose G. Gonzalez, Senior Dean of Research & Planning at Contra Costa Community College ...

The third event of Ecology Law Quarterly’s 2024 Annual Symposium was a series of individual presentations from speakers on land back and indigenous stewardship.

Ecology Law Quarterly Volume 51.3 Front Matter