Scholarship

A Primer on Rails-to-Trails Conversions in Eastern U.S.

A Primer on Rails-to-Trails Conversions in Eastern U.S.

By Garrett M. Gee, J.D. Candidate, William & Mary Law School, 2016; Staff Member, William & Mary Environmental Law and Policy Review Abstract: This article explains the process to convert a rail line to a recreational trail under the Rails-to-Trails Act and addresses some legal […]

Ethical Convergence and the Endangered Species Act

Ethical Convergence and the Endangered Species Act

Caitlin Troyer Busch, Stanford Law School, J.D. Candidate 2017 This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment.   Introduction The Endangered Species Act (ESA) is both lauded and criticized as one of the most powerful […]

Adapting the Paris Agreement

Adapting the Paris Agreement

By Bonnie Smith, Staff Editor, Vermont Journal of Environmental Law This post is part of the Environmental Law Review Syndicate.  Read the original here and leave a comment.   Introduction For the first time in the history of international climate negotiations, adaptation has its own […]

It Is Time For Oregon To Define Its Public Trust Duties

It Is Time For Oregon To Define Its Public Trust Duties

By Olivier Jamin, a 2L at Lewis & Clark Law School, where he is the Online Journal Editor for Environmental Law.  This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment.   I. Introduction The public trust doctrine (PTD) […]

Towards a Middle Path:  Loss & Damage in the 2015 Paris Agreement

Towards a Middle Path: Loss & Damage in the 2015 Paris Agreement

Maryam Al-Dabbagh* This post is part of the Environmental Law Review Syndicate. Click the link above or scroll through to leave a comment.  Introduction In the lead-up to the Paris talks, the issue of loss and damage (L&D) was portrayed to be one of the […]

When a Disaster Is Not a “Disaster” and Why that Title Matters for Flint

When a Disaster Is Not a “Disaster” and Why that Title Matters for Flint

By Helen Marie Berg, General Member of the Michigan Journal of Environmental & Administrative Law. This post is part of the Environmental Law Review Syndicate. The original post can be viewed here.   In January 2016, Michigan Governor Rick Snyder appealed to the federal government […]

Rising Seas in the Holy City: Preserving Historic Charleston in the Face of Global Climate Change

Rising Seas in the Holy City: Preserving Historic Charleston in the Face of Global Climate Change

Will Grossenbacher* This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. From October 2–5, 2015, the State of South Carolina, and the City of Charleston in particular, experienced historic rains: sites in the Charleston area reported […]

Implementing Supplemental Environmental Project Policies to Promote Restorative Justice

Implementing Supplemental Environmental Project Policies to Promote Restorative Justice

by Eric Anthony DeBellis, Senior Executive Editor of the Ecology Law Quarterly. This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment.   Introduction The overwhelming majority of environmental enforcement actions settle out of court, but overlooking […]

Scalia’s Swan Song: The “Irreconcilability Canon” Resolves the Clean Air Act’s Section 111(d) Drafting Error and Encourages Good Lawmaking

Scalia’s Swan Song: The “Irreconcilability Canon” Resolves the Clean Air Act’s Section 111(d) Drafting Error and Encourages Good Lawmaking

By Brenden Cline, Editor-in-Chief, Harvard Environmental Law Review This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment.    [This] is a ‘rare case.’ It is and should be . . . . But every generation or so […]

Plugging the Regulatory Holes: How to Prevent the Next Aliso Canyon Catastrophe

Plugging the Regulatory Holes: How to Prevent the Next Aliso Canyon Catastrophe

  Myles Osborne* This post is part of the Environmental Law Review Syndicate. Read the original and leave a comment here.          In late October 2015, the Southern California Gas Company’s Aliso Canyon Natural Gas Storage Facility began spewing natural gas into the air over […]