Scholarship

The Legislative History of the National Park Service’s Conservation and Nonimpairment Mandate

The Legislative History of the National Park Service’s Conservation and Nonimpairment Mandate

By Caitlin Brown Caitlin Brown is a 3L at Berkeley Law and Co-Editor in Chief of Ecology Law Quarterly.   This post is part of the Environmental Law Review Syndicate (ELRS).  Read the original at Ecology Law Quarterly’s website.  Introduction The National Park Service manages […]

Our Money Is Safe, But The Planet is Not: How The Carbon Bubble Will Cause Havoc For The Environment, But Not The Stock Market

Our Money Is Safe, But The Planet is Not: How The Carbon Bubble Will Cause Havoc For The Environment, But Not The Stock Market

By Breanna Hayes, Managing Editor, Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. I. Introduction Human use of fossil fuels dates back to prehistoric times.[1]  Before the Industrial Revolution, humans mostly relied on wood, wind, and water as […]

The Importance of GIS in Emergency Management

The Importance of GIS in Emergency Management

By Monika Holser, UCLA School of Law, Class of 2018 This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. GIS (geographic information system) is a computer system for “capturing, storing, checking, and displaying data related to […]

Judging a Book by its Cover: The Tension between Evidentiary Gatekeeping and Compensatory Theories of Tort

Judging a Book by its Cover: The Tension between Evidentiary Gatekeeping and Compensatory Theories of Tort

By Julie Amadeo, J.D. 2016, New York University School of Law  This article has been adapted from a larger work.   This post is part of the Environmental Law Review Syndicate. I. Introduction Human minds are primed to jump to conclusions. Call them intuitions, or […]

Constitutions & the Environment: Comparative Approaches to Environmental Protection and the Struggle to Translate Rights into Enforcement

Constitutions & the Environment: Comparative Approaches to Environmental Protection and the Struggle to Translate Rights into Enforcement

Kyle Burns* This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. Introduction Every nation around the world faces ecological hardships. Almost every nation has responded with a legal regime that attempts to ensure environmental protection. These […]

With Energy Law Federalism Under Construction, State Policymaking May Be Delayed

With Energy Law Federalism Under Construction, State Policymaking May Be Delayed

John Bullock* This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. Introduction As the public has become more aware of the intense connection between the practices of electric utilities and greenhouse gas emissions, interested groups have […]

Pipelines, Protests and General Permits

Pipelines, Protests and General Permits

By Samantha L. Varsalona Georgetown University Law Center, Class of 2018 Staff Member, Georgetown Environmental Law Review This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. Abstract The Dakota Access Pipeline (DAPL) has become a contentious […]

Science And Deference: The “Best Available Science” Mandate Is A Fiction In the Ninth Circuit

Science And Deference: The “Best Available Science” Mandate Is A Fiction In the Ninth Circuit

Elizabeth Kuhn* This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. I. Introduction Many recent decisions by the Ninth Circuit[1] have required the court to review agency actions under the Administrative Procedure Act[2] (APA) arbitrary or […]

An Ecology of Liberation: The Shifting Landscape of Environmental Law in an Era of Changing Environmental Values

An Ecology of Liberation: The Shifting Landscape of Environmental Law in an Era of Changing Environmental Values

By Michael Zielinski, William & Mary Law School, Class of 2017 This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. I. Introduction In 1971, the Peruvian theologian and Dominican priest Gustavo Gutiérrez published his seminal work, […]

WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow

WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow

By Hume Ross, Staff Member Georgetown Environmental Law Review This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. I. Introduction Before World War II, Japanese Admiral Yamamoto wrote: “Because I have seen the motor industry in Detroit […]