Volume 51 (2024)

This In Brief explores how the Ninth Circuit’s ruling in SF Herring Association was based primarily on statutory interpretation of the GGNRA Act distinguished from ANILCA and therefore was a narrow holding on the Park Service’s ability to administer the waters of the San Francisco Bay. However, the ruling has ...

This In Brief examines the role of the European Sustainability Reporting Standards (ESRS) in climate change action, including the evolution of sustainability reporting and materiality assessment nuances. To mitigate the non-disclosure issue, this In Brief argues that it is necessary to interpret the ESRS to recognize climate change issues as ...

This In Brief highlights that in Klamath Irrigation Dist., the Ninth Circuit signaled that where government, private, and Tribal interests conflict, courts will be wary of non-Tribal entities alleging they adequately represent Tribal interests. The Court emphasized that Tribes could protect their treaty rights by asserting their sovereign immunity in ...

This In Brief explores Murphy Company v. Biden, in which the Ninth Circuit ruled that the O&C Act and the Antiquities Act did not conflict and that Proclamation 9564 was a proper use of presidential authority. While the Ninth Circuit held that Proclamation 9564 was consistent with the O&C Act ...

This In Brief analyzes the Fifth Circuit’s decision in Harrison County v. U.S. Army Corps of Engineers (Harrison County). It argues that while the decision aligns with precedent, Harrison County is out of step with the urgent need for the Corps to incorporate climate change into its decision making. It ...

This In Brief explores how the Tenth Circuit’s failure to vacate the applications for permits to drill (APDs) in Diné Citizens v. Haaland was a missed opportunity to operate an effective check on agencies taking advantage of NEPA’s broad language. NEPA and the standard of judicial review associated with NEPA ...

This In Brief explores how the court in Western Watersheds Project v. Haaland deviated from general practice of the Tenth Circuit and other circuits of remanding cases to district courts for evaluation of the appropriateness of vacatur or other injunctive relief. Given the substantive nature of the agency deficiencies of ...

This In Brief argues that in Center for Biological Diversity v. Haaland (Center v. Haaland), the Ninth Circuit severely limited the power of organizations to subject agency recovery plans to judicial review. Holding that a grizzly bear recovery plan was not “final agency action,” the Ninth Circuit effectively barred litigation ...

Ecology Law Quarterly Volume 51.2 Full Version PDF.

Ecology Law Quarterly Volume 51.1 Front Matter

The displacement of western agriculture due to drought retreat will likely be more severe than prior western retreats, due to climate change, urbanization, and uncounted water claims. This Article advocates that the federal government respond to the drought retreat crisis by providing economic relief to small farmers via agricultural managed ...

This Article draws on the example of OSHA’s consideration of an emergency heat rule to offer a new way of thinking about the use of emergency power by federal administrative agencies in the climate context.

Combatting climate change will involve a monumental effort to build low- and zero-carbon infrastructure. This Article presents the first national study of federal permitting and environmental reviews for energy infrastructure constructed between 2010 and 2021. The analysis reveals that most projects had streamlined administrative procedures or avoided federal regulation altogether.

States and the federal government lack crucial knowledge related to effective management of the country’s unique environmental treasures. Tribes’ environmental ethics, traditional ecological knowledge, and experience managing natural resources make them uniquely qualified to assume larger responsibilities in stewarding public lands. Shared stewardship will lead to better management of national ...