Currents
- Animals Too Ugly to Protect? The PACT Act Needs an Update
- Redressing the Loss of Slave-Era Trees: Evans v. Bedsole and What Louisiana Timber Trespass Law Can’t Do
- So You Want to be an Environmental Law Professor… An Empirical Analysis of the Environmental Law Hiring Market from 2011 - 2022
- Holey Cow: The Legal Exploitation of Cattle in the United States
- Evaluating COVID-19 In Prisons As An Environmental Justice Issue
- The World is My Oyster and Other Tales of Domination: The Critique From Ecosystem Services
- Environmental Impact Assessment in North Korean Environmental Law: Origins, Evolution, and a Comparative Analysis
- California’s Ban on Climate-Informed Models for Wildfire Insurance Premiums
- Food for Thought: The International Seed Treaty as a Tool to Promote Equity and Biodiversity in a Changing Global Climate
- Networked Federalism: Subnational Governments in the Biden Era
- Exploring Prospects for Environmental Justice as the EPA Reaches the Half-Century Mark
- Easing Off the Gas: Efficient and Equitable Policy for Passenger Vehicle Emissions Reduction
- Smart Grids Need Smart Privacy Laws: Reconciling the California Consumer Privacy Act with Decentralized Electricity Models
- Colluding to Save the World: How Antitrust Laws Discourage Corporations from Taking Action on Climate Change
- Salmon Lessons For The Delta Smelt: Unjustified Reliance On Hatcheries In The USFWS October 2019 Biological Opinion
- A Polymer Problem: How Plastic Production and Consumption is Polluting our Oceans
- Conduit to Tribal and Environmental Justice? Unpacking Washington v. United States
- A Blooming Problem: How Florida Could Address the Causes and Effects of Red Tide
- State and Local Control of Federal Lands: New Developments in the Transfer of Federal Lands Movement
- Carbon Tax and Low-Income Grant Proposal to Encourage Low-Income Investment in Solar Technologies
- State Clean Energy Polices at Risk: Courts Should Not Preempt Zero Emission Credits for Nuclear Plants
- The New(Clear?) Electricity Federalism: Federal Preemption of States’ “Zero Emissions Credit” Programs
- The Electric Grid Confronts the Dormant Commerce Clause
- CONDUIT FOR PEACE IN THE MIDDLE EAST: AN ANALYSIS OF THE RED SEA–DEAD SEA WATER CONVEYANCE PROJECT
- Mitigating Greenhouse Gas Emissions in the Northeast and Mid-Atlantic Transportation Sector: A Cap-and-Invest Approach
- Opportunities to Address Climate Change in the Next Farm Bill
- The Case for Cap-and-Trade: California’s Battle for Market-Based Environmentalism
- FERC Relicensing and Its Continued Role in Improving Fish Passage at Pacific Northwest Dams
- The SB 32 Scoping Plan Update, Waivers, and ZEVs
- MS4 Regulation and Water Quality Standards
- Repurposing Ecolabels: Consumer Pressure as a Tool to Abate Human Rights Violations in International Fisheries
- Navigating with an Ocean Liner: The Clean Water Rule, Trump’s Executive Order, and the Future of “Waters of the United States”
- Funding Adaptation: Financing Resiliency Through Sea Level Derivatives
- An Autopsy of the Clean Power Plan
- Enough Horsing Around
- Bridging the Divide: Incorporating Interflow into Legal Discourse on Surface Water-Groundwater Interactions
- Climate Change Regulation Through Litigation: New York’s Investigation of ExxonMobil under the Martin Act
- Race Judicata
- Annual Banquet
- The Legislative History of the National Park Service’s Conservation and Nonimpairment Mandate
- Our Money is Safe, but the Planet Is Not: How the Carbon Bubble Will Cause Havoc for the Environment, but Not the Stock Market
- The Importance of GIS in Emergency Management
- Judging a Book by its Cover: The Tension between Evidentiary Gatekeeping and Compensatory Theories of Tort
- Constitutions and the Environment: Comparative Approaches to Environmental Protection and the Struggle to Translate Rights into Enforcement
- With Energy Law Federalism Under Construction, State Policymaking May Be Delayed
- Pipelines, Protests and General Permits
- An Ecology of Liberation: The Shifting Landscape of Environmental Law in an Era of Changing Environmental Values
- Science and Deference: The “Best Available Science” Mandate is a Fiction in the Ninth Circuit
- WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow
- Congress Must Act To Fully Fund the Land and Water Conservation Fund
- A Primer on Rails-to-Trails Conversions in the Eastern U.S.
- Ethical Convergence and the Endangered Species Act
- Adapting the Paris Agreement
- It is Time for Oregon to Define its Public Trust Duties
- Towards a Middle Path: Loss & Damage in the 2015 Paris Agreement
- When a Disaster Is Not a “Disaster” and Why that Title Matters for Flint
- Rising Seas in the Holy City: Preserving Historic Charleston in the Face of Global Climate Change
- Implementing Supplemental Environmental Project Policies to Promote Restorative Justice
- Scalia’s Swan Song: The “Irreconcilability Canon” Resolves the Clean Air Act’s Section 111(d) Drafting Error and Encourages Good Lawmaking
- Plugging the Regulatory Holes: How to Prevent the Next Aliso Canyon Catastrophe
- BioTransport: Moving Wildlife in Response to Climate Change
- What the Supreme Court’s Stay of the Clean Power Plan Means for the EPA’s Greenhouse Gas Regulation Moving Forward
- Clean Power Planning: Unlike with Obamacare, States are Preparing for Clean Power Plan Compliance Even as they Fight it in the Courts
- Getting to the Root of Environmental Injustice
- ADMINISTRATIVE NECESSITY: ORIGIN AND APPLICATION TO THE EPA TAILORING RULE
- La Vie en Vert
- From the Well Up: A California CALIFORNIA COUNTY CONFRONTS FRACKING AT THE POLLS
- EPA Unveils Final Clean Power Plan: So What’s All the Fuss About?
- From Kyoto To Paris: How Bottom-Up Regulation Could Revitalize the UNFCCC
- Is CITES Endangered?
- What is Reasonable?: The Consideration of Economic Effects in Reasonable and Prudent Alternatives Under the Endangered Species Act
- Trying to Find a Balance: Agricultural Land Conservation vs. Development in the Green Mountain State
- A Perfect Storm for Michigan’s Renewable Portfolio Standard?
- A Leading Cause of Everything: One Industry That Is Destroying Our Planet and Our Ability to Thrive on It
- Enhancing biodiversity on working agricultural lands through environmental mitigation and offsets: Opportunities in Australia and the United States
- Applying Stakeholder Theory to Utility Regulation
- Preservation Is a Flawed Mitigation Strategy
- Celebrating the Many Contributions of Joe Sax
- Damages from Pesticide Spray Drift under Trespass Law
- The Berkeley Exchange: Celebrating Berkeley’s Contribution to Environmental Law Scholarship
- California’s Precarious Path to Climate Change Mitigation
- The Obsolescence of Environmental Common Law
- Sulfuric Acid Mist: Regulating Uncertainties
- Geographic Indications as a Tool to Promote Sustainability? Café de Colombia and Tequila Compared
- Will the Wilderness Act Be Diluted in Drakes Estero?
- Hydraulic Fracturing and Groundwater Contamination: Can Disclosure Rules Clarify What’s In Our Groundwater?
- China’s Regulatory Response to the Looming Energy Crisis
- Student Review of Selected Panels at the 2012 Water Law Symposium "Water and Growth: The Imperative for Sustainable Approaches to Uncertainty"
- Aviation and Emissions Trading in the European Union: Pie in the Sky or Compatible with International Law?
- Seawater Desalination: Climate Change Adaptation Strategy or Contributor?
- Clean Water Act Liability for Stormwater Discharge Regardless of Who Muddied the Waters
- Acceptability of the Deschutes Groundwater Mitigation Program
- CERCLA’s Unrecoverable Natural Resource Damages: Injuries to Cultural Resources and Services
- 7th Annual EJ Symposium — Hungry for Justice: Growing an Equitable Food System
- A National Injustice: The Federal Government’s Systematic Removal and Eradication of an American Icon
- Student Review of Selected Panels at the Thelton E. Henderson Center for Social Justice 2010 Symposium “Empowered Partnerships: Participatory Action Research for Environmental Justice”
- BP’s Well Evaded Environmental Review: Categorical Exclusion Policy Remains Unchanged
- Preliminary Injunctive Relief in the Ninth Circuit after Winter v. Natural Resources Defense Council
- Promoting the Urban Homestead: Reform of Local Land Use Laws to Allow Microlivestock on Residential Lots
- Whale of an Opportunity: Coast Guard Study of Los Angeles/Long Beach Port Access Routes Holds Great Potential for Reducing Ship Strikes within Santa Barbara Channel
- Implementing SB 375: Promises and Pitfalls
- Lessons Already Learned: An Analysis of Waxman-Markey under Current WTO Case Law
- Student Review of Selected Panels at the Berkeley Law 2010 Environmental Justice Symposium
- A New Dawn for the Sacramento-San Joaquin Delta? Assessing the 2009 California Delta/Water Legislation
- Levine v. Vilsack: When “Likely” Actually Means “Definitely”
- Avoiding Carbon Myopia: Three Considerations for Policy Makers Concerning Manmade Carbon Dioxide
- Is It Really a Huge Mistake? Choosing Between Carbon Fees and Cap-and-Trade
- Harnessing the Potential of the Clean Water Act to Address Ocean Acidification
- Student Review of Selected Panels at the California State Bar’s 2009 Environmental Law Conference at Yosemite
- Colorado, Centennial State at the Headwaters*
- A Framework for Energy Independence via Solar Hosting Farms
- Fishing for Justice or Just Fishing?
- Gray Wolves in the Northern Rockies Again Staring Down the Barrel at Hostile State Management
- Food Justice and Food Retail in Los Angeles
- Why 350? Climate Policy Must Aim to Stabilize Greenhouse Gases at the Level Necessary to Minimize the Risk of Catastrophic Outcomes
- Spreading the Water Wealth: Making Water Infrastructure Work for the Poor*
- An Argument For Placing Logging Roads Under the NPDES Program
- Restoring Public Trust in the Public Lands: An Agenda for the New Administration
- A Challenge for the Obama Team: Put Science and Federal Scientists to Better Use
- Stopping the Conversation: Amended ESA Section 7 Regulations Put Species At Risk
- The First One Hundred Days: Ten Things President-Elect Obama Should Do to Confront the Climate Crisis
- Trains Deliver the Goods
- Land Use and Climate Change: Is it Time for a National Land Use Policy?
- China's Environment After the Olympics
- Building Energy Efficiency in China
- Enhancing China’s Environmental Governance: Challenges and Opportunities
- California & the Future of Environmental Law & Policy
- Can California’s Water Problems Be Solved?
- Global Warming Tort Litigation: The Real “Public Nuisance”
- Integrating Land Use and Transportation Policy in California: The Legislature's Response
- Introduction
- Licensing the Rebirth of Nuclear Power: A Primer
- Resolving the Spent Fuel Issue for New Nuclear Power Plants
- The Externalities of Nuclear Power:First, Assume We Have a Can Opener . . .
- Relative Risk: Global Warming and Imported Fossil Fuels vs. Nuclear Power
- Greenhouse Gas Emissions under CEQA – Costs and Opportunities
- Would it be Unethical to Dump Radioactive Wastes in the Ocean? The Surprising Implications of the Person-Altering Consequences of Policies
- Myths of the Nuclear Renaissance
- Submissions Guidelines
Print
- Persistence or Desistence: Prosecuting Environmental Crimes During the Trump and Obama Administrations
- Racism in the Water: Access for All in Outdoor Recreation
- The Federal Reserve’s Responsibilities in a Warming World: A Normative Case and Strategic Primer for Fed Action on Climate Change
- Keeping All The Lights On: A Roadmap to Affordable, Universal Electricity Service In the Clean Energy Transition
- Volume 50.1 Front Matter
- Just Transition Symposium - Panel 4: Black Women Talk
- 2022 Annual Symposium: Panel 3 - Green Economy
- 2022 Annual Symposium: Panel 2 - Government Transition
- 2022 Annual Symposium: Panel 1 - California Carbon Offsets
- 2022 Annual Symposium: Foreword
- When Super-Statutes Collide: CEQA, the Housing Accountability Act, and Tectonic Change in Land Use Law
- Litigation & Liberation
- The Public Trust Doctrine: Regulatory Reform, Climate Disruption, and Unintended Consequences
- Environmental Silver Bullets
- Forward for Ecology Law Quarterly, Volume 49 Issue 2
- Unconstrained Judicial Aggrandizement: Major Questions Doctrine in ALA v. EPA
- Case Critique of a Cat with Crypsis and Call for Court Caution
- Protecting Future Generations from Climate Change in the United States
- Barking Up the Wrong Tree: Financial Transparency and Accountability in the Forest Service’s NEPA Reviews
- Drying Up: Texas v. New Mexico Shows That the Pecos River Compact is Not Equipped to Handle Climate Change
- Clean Air Council v. U.S. Steel: Cooperative Federalism or Regulating in the Dark?
- “Stranded Pesticides”: U.S. Agricultural Worker Vulnerability in the Wake of the 2021 Chlorpyrifos Food Ban
- Governing the Grid: Reforming Regional Transmission Organizations on the Heels of Order No. 841
- All’s a Fair Share in CERCLA and War: Guam v. United States and Military Responsibility for Superfund Cleanups
- Ninth Circuit Reins in Bad Rulemaking for Wild Horses
- Murky Apalachicola Basin Waters Call for Clearer Equitable Apportionment Standards
- The Case for Vetoing General Permits under Section 404(c) of the Clean Water Act
- Trust Issues: The Limits of the Public Trust Doctrine in the Fight Against Climate Change After Chernaik v. Brown
- A Community Voice on Lead Paint: Examining the Role of Cost-Benefit Analysis in Environmental Regulation
- Using the Military to Fight Climate Change
- Public Investment in Climate Resiliency: Lessons from the Law and Economics of Natural Disasters
- The Insect Apocalypse: Legal Solutions for Protecting Life on Earth
- Radical Climate Adaptation in Antarctica
- Air Pollution and Environmental Justice
- Building to Burn? Permitting Exurban Housing Development in High Fire Hazard Zones
- Climate Liability for Wildfire Emissions from Federal Forests
- Historical and Current Insights on Environmental Health and Agricultural Guestworkers
- Foreword: A Burning Issue
- How Algorithm-Assisted Decision Making Is Influencing Environmental Law and Climate Adaptation
- Meaningless Involvement: How Traditional Modes of Involvement Exclude Transgender People from Environmental Justice
- The Pandemic Legacy: Accounting for Working-from-Home Emissions
- Foreword
- Defining, Supporting, and Scoping an Impact-Based Approach to Maui’s “Functional Equivalence” Standard for Clean Water Act Permitting
- The Dangers of Agency Doublespeak: The Role of the Judiciary in Creating Accountability and Transparency in EPA Actions
- Leave No One Behind: Realizing Environmental Justice through Climate Litigation Remedies
- The Wild Horse Problem: An Opportunity to Amend the Wild Free- Roaming Horses and Burros Act
- A Landowner Walks into a Bar: Using State Common Law to Encourage Efficient CERCLA Cleanups
- Tribal Co-Management: A Monumental Undertaking?
- Changing Oceans, Lagging Management
- Standing After Environment Texas: The Problem of Cumulative Environmental Harm
- Defining, Supporting, and Scoping an Impact-Based Approach to Maui’s “Functional Equivalence” Standard for Clean Water Act Permitting
- The Environment Deserves Better: EPA and Questionable Pesticide Registration
- Amending the Federal Advisory Committee Act to Protect Independent Scientific Expertise
- Transition Critical: What Can and Should Be Done with the Congressional Review Act in the Post-Trump Era?
- Dissenting into the Future: The Supreme Court’s Dissent in McGirt, UNDRIP, and the Future of Indigenous Land Rights
- Mission Critical: How Offshore Wind Energy Development Aligns with the Department of Defense’s National Security Goals
- Sierra Club v. EPA: Why Operators Should Not Be Able to Police Themselves
- Being a Good Neighbor: Evaluating Federal Regulation of Interstate Air Pollution Under the Cross-State Air Pollution Rule
- State Climate Suits: The Case for a Limited Remedy
- Boulder v. Suncor and the Case for Judicial Climate Adaptation
- Building a New Grid without New Legislation: A Path to Revitalizing Federal Transmission Authorities
- Realigning the Clean Water Act: Comprehensive Treatment of Nonpoint Source Pollution
- Farming with Trees: Reforming U.S. Farm Policy to Expand Agroforestry and Mitigate Climate Change
- Struggling to Find a Rapanos Nexus: Maui and the Expansion of Clean Water Act Regulation
- An “Unfulfilled, Hollow Promise”: Lyng, Navajo Nation, and the Substantial Burden on Native American Religious Practice
- Sustainable Communities or the Next Urban Renewal?
- Leveraging California’s Hospitals for Housing Preservation: Progress and Opportunities
- Making It Work: Legal Foundations for Administrative Reform of California’s Housing Framework
- Destabilizing Environmental Regulation: The Trump Administration’s Concerted Attack on Regulatory Analysis
- Detecting Corporate Environmental Cheating
- Foreword
- The PURPA Haze: Clearing the Way for PURPA Implementation in a Changed Energy System
- The Takings Are Coming: How Federal Courts Can Protect Regulatory Efforts to Address California’s Housing Crisis
- Encouraging Reasoned Decision Making: Kisor v. Wilkie and the Future of Auer Deference
- The No CARB Diet: Should the California State Legislature Cut the California Air Resources Board Out of Its Emissions Reduction Regulatory Scheme?
- Giving a Hoot: Adaption of Conservation Laws to Address the Management of Invasive Species to Protect Spotted Owls
- Public Land Bargains, Revolutionary Rhetoric, and Building Trust
- Weyerhaeuser v. U.S. Fish and Wildlife Service: Swirling Uncertainty around the Definition of Habitat
- Can the Precautionary Principle Save the Endangered Species Act from an Uncertain Climate Future?
- It’s a Shore Thing: Applying the Public Trust Doctrine to Indiana’s Great Lake Shores in Gunderson v. State
- The Atlantic Coast Pipeline and the Pipeline Pipe Dream
- On the Borderline: Pakootas, NAFTA, and the Problem of Transboundary Pollution
- Unstable Elements: What the Fractured Decision in Virginia Uranium Means for the Future of Atomic Energy Act Preemption
- Urgenda: A How-To Guide for Enforcing Greenhouse Gas Emission Targets by Protecting Human Rights
- The California Supreme Court on the Significance of Emissions under CEQA: Read Between the Lines
- Transmission Impossible: The Case for a Nationwide Permit for Offshore Wind Transmission Lines
- Gundy v. United States: A Revival of the Nondelegation Doctrine and an Embrace of Cost-Benefit Analysis in Environmental Rulemaking
- Fair Winds: Enforcement of the Good Neighbor Provision after Wisconsin v. EPA
- A Shallow Opinion: The Supreme Court Missed an Opportunity to Provide Guidance on Interstate Water Compacts in Texas v. New Mexico
- Requiring Robust NEPA Analysis for Fossil Fuel Projects: A Promising Trend in the Tenth Circuit
- Taking Credit: How Congress Is Reshaping Renewable Energy Investment Incentives
- FERC Ignores D.C. Circuit to Overlook Climate Impacts of Gas Projects
- The Hidden Success of a Conspicuous Law: Proposition 65 and the Reduction of Toxic Chemical Exposures
- A Disability Rights Approach to Climate Governance
- Whither the Regulatory “War on Coal”? Scapegoats, Saviors, and Stock Market Reactions
- Rebuilding Trust: Climate Change, Indian Communities, and a Right to Resettlement
- The Roman Public Trust Doctrine: What Was It, and Does It Support an Atmospheric Trust?
- Restoring Reciprocal Relationships for Social and Ecological Health
- Equitable Community Solar: California & Beyond
- The Power of Power: Democratizing California’s Energy Economy to Align with Environmental Justice Principles through Community Choice Aggregation
- Panel III: This is the Moment of Truth
- Panel II: Environmental Justice Roadblocks on California’s Path toward Zero Emissions
- Panel I: What We’re Up Against
- Keynote Speech: Raven Lecture on Access to Justice
- Introduction to "Ground-Truthing Injustice"
- Foreword
- The Legitimacy of Judicial Climate Engagement
- Governing Cooperative Approaches under the Paris Agreement
- Does NEPA Help or Harm ESA Critical Habitat Designations? An Assessment of Over 600 Critical Habitat Rules
- The Paris Agreement in the 2020s: Breakdown or Breakup?
- Water, Water Everywhere, Communities on the Brink: Retreat as a Climate Change Adaptation Strategy in the Face of Floods, Hurricanes, and Rising Seas
- Ignoring the Courts: A Contextual Analysis of Administrative Nonacquiescence
- Beyond the Exceptional Events Rule: How the Local Implementation of Air Quality Regulations Affects Wildfire Air Policy
- Because Housing Is What? Fundamental. California’s RHNA System as a Tool for Equitable Housing Growth
- Federal Regulation for a “Resilient” Electricity Grid
- Put Your Money Where Their Mouth Is: Actualizing Environmental Justice by Amplifying Community Voices
- Jurisdictional Determinations and Judicial Scrutiny
- Underground Pathways to Pollution: The Need for Better Guidance on Groundwater Hydrologically Connected to Surface Water
- A Narrative Understanding of the National Environmental Policy Act
- Implications Beyond Culverts: The Challenges Tribes Will Face Extending United States v. Washington to Other Habitat-Depleting Policies
- NEPA: A Tool for Tribes Challenging Nuclear Regulatory Commission Licensed Uranium Extraction Projects
- County of San Mateo v. Chevron & City of Oakland v. BP: Are State Nuisance Claims for Climate-Change Damage Removable?
- Climate Change, Takings, and Armstrong
- City of Oakland v. BP: Testing the Limits of Climate Science in Climate Litigation
- Nationwide Injunctions in Environmental Law: South Carolina Coastal Conservation League v. Pruitt
- A Hypothetical Win for Juliana Plaintiffs: Ensuring Victory Is More Than Symbolic
- Protecting California's Federal Public Lands in the Trump Era
- Introduction: A Joint Publication in Commemoration of Professor David D. Caron ’83
- Foreword In Honor and Memory of David Caron
- Opening Reflection The Elegance of International Law
- The David Caron Rule of X
- Navigating the Judicialization of International Law in Troubled Waters: Some Reflections on a Generation of International Lawyers
- Legitimacy in International Law and Institutions: Carrying Forward the Work of David D. Caron
- Goldilocks and International Dispute Settlement
- ISDS Reform and the Proposal for a Multilateral Investment Court
- The Singapore Convention on International Settlement Agreements Resulting from Mediation: A New Way Forward?
- Finding Elegance in Unexpected Places
- Nonparticipation and Perceptions of Legitimacy
- The Legitimacy of Economic Sanctions as Countermeasures for Wrongful Acts
- International Courts and Democratic Backsliding
- Legitimacy, Collective Authority and Internet Governance: A Reflection on David Caron’s Study of the UN Security Council
- Institutional Arrangements for the Ocean: From Zero to Indefinite?
- Navigating the Oceans: Old and New Challenges for the Law of the Sea for Straits Used for International Navigation
- New Law for the High Seas
- Maritime Interdiction of North Korean Ships under UN Sanctions
- Ocean Policy and the Law of the Sea: The Contributions of David D. Caron (1952-2018)
- Foreword Oceans & Climate Change: Calling for Holistic Conversation
- Ocean Acidification: Falling Between the Legal Cracks of UNCLOS and the UNFCCC?
- Oceans in Transition: Incorporating Climate-Change Impacts into Environmental Impact Assessment for Marine Areas Beyond National Jurisdiction
- Climate Change and Antarctic Fisheries: Ecosystem Management in CCAMLR
- A New Ocean: The Legal Challenges of the Arctic Thaw
- Part XII of the United Nations Convention on the Law of the Sea and the Duty to Mitigate Against Climate Change: Making Out a Claim, Causation, and Related Issues
- Foreword
- The Only Green That Matters Is the Green in Your Pocket: Advocating for Renewable Energy in Red States
- An Indivisible and Living Whole: Do We Value Nature Enough to Grant It Personhood?
- Agua Caliente: A Case Study and Toolkit for Securing Tribal Rights to Clean Groundwater
- Expediting Infrastructure Development without Conceding Reasoned Decision Making and Public Comment: Streamlining NEPA Compliance for Facility Upgrades and Expansions
- “This Land Was Made for You and Me”—And Them: Why and How the Department of the Interior Should Give Greater Consideration to the Gray Wolf’s Historical Range
- Reasonable Expectations: An Unreasonable Approach to the Denominator Question in Takings Analysis
- Continental Divides: How Wolf Conservation in the United States and Europe Impacts Rural Attitudes
- When the Exemption Becomes the Rule: Problems that Waterkeeper v. EPA Poses for Advocates of Reporting Requirements and Potential Solutions
- Climate Change in the Era of Post-Truth
- Martin’s Beach Litigation and Eroding Public Access Rights to the California Coast
- Public Finance, Stormwater, and the California Constitution: Who Pays for Trash Cans at Bus Stops?
- Regulating Water Transfers in the Wake of Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA: Examining Alternatives to NPDES Permits
- A Proposal to Increase Public Participation in CERCLA Actions through Notice
- Combatting Lake Invaders: A Proposal for Ballast Water Standards to Save the Great Lakes from Invasive Species
- Vindicating Public Environmental Interest: Defining the Role of Environmental Public Interest Litigation in China
- Carbon Dioxide Removal after Paris
- Reform Incentives, Transform the Grid: Making Good on Hawai'i's Renewable Energy Ambitions
- Defining the Role of Agriculture in Agricultural Conservation Easements
- Corporate Sustainability Disclosures in American Case Law: Purposeful or Mere "Puffery"?
- The Federal Government Has an Implied Moral Constitutional Duty to Protect Individuals from Harm Due to Climate Change: Throwing Spaghetti against the Wall to See What Sticks
- Can You Hear the Rivers Sing? Legal Personhood, Ontology, and the Nitty-Gritty of Governance
- The Faux Scholarship Foundation of the Regulatory Rollback Movement
- Whose Lands? Which Public? The Shape of Public-Lands Law and Trump's National Monument Proclamations
- Foreword: Environmental Law and the Changing Data Paradigm
- Science, Policy, and Data-Driven Decisions in a Data Vacuum
- Technological Innovation, Data Analytics, and Environmental Enforcement
- Trade Treaties, Citizen Submissions, and Environmental Justice
- Foreword to the 2016-2017 Annual Review
- Reversing Course in California: Moving CEQA Forward
- Trust in Local Government: How States’ Legal Obligations to Protect Water Resources Can Support Local Efforts to Restrict Fracking
- A Relic of the Past or the Future of Environmental Criminal Law? An Argument for a Broad Interpretation of Liability under the Migratory Bird Treaty Act
- Pushing the Boundaries of the Public Trust on the Last Frontier: A Study in Why the Doctrine Should Not Apply to Wildlife
- The Silent Beehive: How the Decline of Honey Bee Populations Shifted the Environmental Protection Agency’s Pesticide Policy towards Pollinators
- Flow or Oscillate? The Mismatch between the Language Judges and Attorneys Use to Describe Electricity and the Actual Behavior of Electricity on the Grid
- Energy Jurisdiction in the Twenty-First Century
- Better Than Net Benefits: Rethinking the FERC v. EPSA Test to Maximize Value in Grid-Edge Electricity Markets
- Adequate Agency Action? How Procedural Trends in Environmental Citizen Suit Litigation Prompt a Reconsideration of Deference and Presumptions of Diligence
- Limits of American Farm Bureau Federation v. EPA and the Clean Water Act’s TMDL Provision in the Mississippi River Basin
- Requiem for American Nature Philosophy
- Slowly Warming to Climate Change
- Center for Biological Diversity v. Department of Fish & Wildlife and the Uncertainties in Project-Level Greenhouse Gas Emissions Analysis
- Union Neighbors United, Inc. v. Jewell: A Hard Look at Procedural Compliance under NEPA
- Interpreting “Appropriate and Necessary” Reasonably under the Clean Air Act: Michigan v. Environmental Protection Agency
- Columbia River Tribal Housing: Federal Progress Addressing Long Unmet Obligations
- People v. Rinehart: No Preemption of State Environmental Regulations under the Mining Act of 1872
- AquAlliance v. United States Bureau of Reclamation: The Impact of Withholding Information from the Public
- Home Rule in an Era of Local Environmental Innovation
- Defining the Role of Conservation in Agricultural Conservation Easements
- Wildlife Issues Are Local – So Why Isn’t ESA Implementation?
- Protecting Offshore Areas from Oil and Gas Leasing: Presidential Authority under the Outer Continental Shelf Lands Act and the Antiquities Act
- Empirical Environmental Scholarship
- The Long Environmental Justice Movement
- Explaining Environmental Information Disclosure in China
- Is the Clean Air Act Unconstitutional? Coercion, Cooperative Federalism and Conditional Spending after NFIB v. Sebelius
- Illegal Marijuana Cultivation on Public Lands: Our Federalism on a Very Bad Trip
- The Property Clause and Its Discontents: Lessons from the Malheur Occupation
- The Energy Prosumer
- Frankenstein's Mammoth: Anticipating the Global Legal Framework For De-Extinction
- Accounting for Partial Settlements in CERCLA Private-Party Cost Allocation: No Rule Is the Best Rule
- Foreword to the 2015-16 Annual Review
- Climate Change and Compact Breaches: How The Supreme Court Missed an Opportunity to Incentivize Future Interstate-Water-Compact Compliance in Kansas v. Nebraska
- No Relief: How the Ninth Circuit's New Standard for Injunctions Threatens the Precautionary Nature of the Endangered Species Act
- Jurisdictional Determinations: An Important Battlefield in the Clean Water Act Fight
- Standing in a Federal Agency's Shoes: Should Third-Party Action Affect Redressability under the National Environmental Policy Act?
- Alternative Reasoning: Why the Ninth Circuit Should Have Used NEPA in Setting Aside the Tongass Exemption
- Rained Out: Problems and Solutions for Managing Urban Stormwater Runoff
- ICG Hazard: Permitting Away the Clean Water Act
- Montana Environmental Information Center v. BLM and the Future of Methane Emissions Mitigation under NEPA
- Liability for Environmental Damages from the Offshore Petroleum Industry: Strict Liability Justifications and the Judgment-Proof Problem
- Gulf Restoration Network v. McCarthy: The Necessity Determination Mechanism to Ensure Government Accountability
- Pollinator Stewardship Council v. EPA and the Duty to Research FIFRA Applications
- Grand Canyon Trust v. Williams: Tribal Land Protection and the Battle for Red Butte
- Regional Energy Governance and U.S. Carbon Emissions
- Does Active Choosing Promote Green Energy Use? Experimental Evidence
- Climate Change and International Economic Law
- A Brook with Legal Rights: The Rights of Nature in Court
