Volume 51 (2024)

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

Ecology Law Quarterly Volume 51.3 Table of Contents

Through a state-by-state review, this Article explores the diverse state responses to the public trust doctrine. This overdue review provides valuable context for practitioners, scholars, and jurists wrestling with the integration of the public trust and water rights. The article sets the stage for the next forty years of water ...

This Article sets out to expose and examine an overlooked dimension of environmental justice scholarship—the differential treatment of the working class.

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.

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, ...

This Note first examines how textualism’s plain meaning rule requires the enacted purposes canon. Next, it examines the Clean Water Act and its purposes section, which is ideal for interpretation under the enacted purposes canon because of its clarity, specificity, and comprehensiveness. Finally, it examines the conservative split in Sackett ...

This Note focuses on the Navajo Nation’s unqualified right to divert water from the Colorado River, the decreed rights of the Nation versus undecreed rights, and how administrative agencies can employ an EJ-plus lens to provide the Nation with administrative solutions.

Focusing on the tail end of the material life cycle of e-products, this Note raises issues regarding e-waste pollution including how the global trade of this hazardous waste creates informal economies that can be harmful to human health and the environment. It proposes a domestic policy measure that could reduce ...

This In Brief explores Maine Lobstermen’s Association v. National Marine Fisheries Service. It argues that the D.C. Circuit’s textualist approach to the Endangered Species Act (ESA) and refusal to give the benefit of the doubt to the endangered North Atlantic right whale (NARW) limits the scope of agency interpretations when ...