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Showing 2,921 results

Lisa Heinzerling | November 30, 2018

Opinion Analysis: Frogs and Humans Live to Fight Another Day

This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). In a mixed-bag ruling, a unanimous Supreme Court returned Weyerhaeuser Co. v. U.S. Fish and Wildlife Service to the U.S. Court of Appeals for the 5th Circuit to decide several questions not answered on the first […]

Sarah Krakoff | November 26, 2018

Legal Scholars File Brief Supporting National Monuments Case against Trump

In 2017, President Trump signed a proclamation reducing by about 85 percent the size of Utah’s Bears Ears National Monument, a large landscape of pristine red rock canyons and culturally and historically significant Native American sites. He claimed that he had the authority to shrink this and any other national monument under the Antiquities Act […]

Alexandra Klass | November 20, 2018

Federalism ‘Collisions’ in Energy Policy

Originally published in The Regulatory Review. Reprinted with permission. Like many areas of law, energy policy in the United States is both national and local. The boundary lines delineating federal and state authority are not always clear, leading to tension and disagreement between federal and state authorities. When tensions get too high, Congress can, and often […]

Alice Kaswan | November 19, 2018

Message for State Climate Policy: Lead with a Vision, Not a Tax

Washington State has continued to try – unsuccessfully – to pass a carbon tax, with the latest effort, Initiative 1631, losing on November 6. The state's effort to control carbon is laudable, but Washington and other states contemplating how to fill the growing federal climate policy void should consider leading with a vision for a […]

Laurie Ristino | November 16, 2018

Farm Bill 2018 — Where Are We Going Post-Midterms?

The midterm elections are over, and most of the races have been decided. The outcome will have consequences for a wide variety of policies and legislation, including the 2018 Farm Bill. So what's the status of the bill? What are its prospects for passage during what remains of the 115th Congress? And how will the […]

Melissa Powers | November 15, 2018

Designing Law to Prevent Runaway Climate Change

This post is part of a series of essays from the Environmental Law Collaborative on the theme "Environmental Law. Disrupted." It was originally published on Environmental Law Prof Blog. "Every system is perfectly designed to get the results it gets." If that's so, our climate and energy laws have been perfectly designed to fall short. […]

Sarah Krakoff | November 14, 2018

Environmental Justice and Environmental Sustainability: Beyond Environment and Beyond Law

This post was co-authored with Shannon Roesler, a Professor of Law at the University of Oklahoma City School of Law. Before joining the law school faculty, she served as a law clerk to the Honorable Deanell Reece Tacha on the United States Court of Appeals for the Tenth Circuit. She was also a staff attorney and […]

Robin Kundis Craig | November 13, 2018

Does the President Really Matter to U.S. Participation in International Law? A View from the Perspective of Oceans Law

This post is part of a series of essays from the Environmental Law Collaborative on the theme "Environmental Law. Disrupted." It was originally published on Environmental Law Prof Blog. How much do presidents really matter to the United States' participation in international environmental law? Fairly obviously, presidential turnovers in the United States are absolutely critical […]

Victor Flatt | November 12, 2018

Federal Court Deals Major Blow to Keystone XL Pipeline

Late last week, a federal district court in Montana blocked construction on the Keystone XL pipeline. The decision in Indigenous Environmental Network, et al. v. U.S. Department of State is a significant victory for the environment and a major blow to the ultimate completion of the controversial pipeline. The case centered on the Trump administration’s […]