Environmental Law Review Syndicate

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 […]

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 […]