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Volume 46 (2019)


A cornerstone of the environmental justice movement is to allow residents of communities to speak for themselves. To understand the themes explored in the transcripts and articles in this special issue, it is important to first understand the history of this movement. . .

Aug 21, 2020
Roger Lin

The Legitimacy of Judicial Climate Engagement

Courts in key climate change cases have abdicated their constitutional responsibility to protect a prejudiced and disenfranchised group (nonvoting minors and future generations) and remedy an insidious pathology in public discourse and the political process: the industry-funded climate disinformation campaign. This Article posits that this abdication results from courts’ uneasiness about displacing the prerogatives of democratically elected bodies.

Apr 01, 2020
Katrina Fischer Kuh

Governing Cooperative Approaches under the Paris Agreement

Parties to the Paris Agreement can engage in voluntary cooperation and use internationally transferred mitigation outcomes towards their national climate pledges. Doing so promises to lower the cost of achieving agreed climate objectives, which allows countries to increase their mitigation efforts with given resources.

Apr 01, 2020
Michael A. Mehling

Does NEPA Help or Harm ESA Critical Habitat Designations? An Assessment of Over 600 Critical Habitat Rules

The National Environmental Policy Act (NEPA) is the centerpiece of federal environmental law. This “broadest and perhaps most important” of environmental laws requires federal agencies to publicly weigh environmental impacts before proceeding with federal actions. NEPA has been criticized because it can delay development. Other critics describe NEPA as “bureaucratic red-tape” and claim that repealing NEPA “would not make a whit of difference to the environment or public health.”

Apr 01, 2020
John C. Ruple, Michael J. Tanana, and Merrill M. Williams