Sam Bookman* Download a copy of the PDF. I Introduction Courts have always played an important role in American climate governance. They determine statutory interpretation of existing pollution control laws, resolve conflicts between state and federal governments, and fix the limits of executive powers.[1] But many climate activists and lawyers imagine a more … [Read more...] about What we learned in Held v. Montana
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Regulating the Farm, the Fork, and Everything in Between
By Sean Goldman-Hunt View pdf here Introduction In recent years, the destructive impact of the global food system on the environment has come into sharp focus, with activists and scholars calling for significant reform. The harms range from local environmental degradation to the effects of climate change linked to the food system's GHG releases. These effects are felt … [Read more...] about Regulating the Farm, the Fork, and Everything in Between
Endangered Species Act: Critical Habitat Designation After Weyerhaeuser
Eric Macomber View pdf here I. Critical Habitat Designation and the Endangered Species Act A. Background: Critical Habitat, Section 7 Consultation, and Critical Habitat Designation The Endangered Species Act (ESA) of 1973[1] is the United States’ foremost legislation for the protection of vulnerable species.[2] A key aspect of the ESA’s statutory framework of protection … [Read more...] about Endangered Species Act: Critical Habitat Designation After Weyerhaeuser
Wildlife Law is a Local Issue, Too
David M. Walsh* View pdf here Introduction The Supreme Court’s 1920 decision in Missouri v. Holland set wildlife law on a trajectory it follows to this day. In upholding the Migratory Bird Treaty Act against a Tenth Amendment challenge, Justice Holmes wrote that migratory birds “can be protected only by national action.” And intuitively, that makes sense: wild animals … [Read more...] about Wildlife Law is a Local Issue, Too
Applying Consumer Protection Basics to Greenwashing “Recyclability” Cases
Alison Borochoff-Porte and John Cooper View pdf here Recent lawsuits have challenged the marketing of certain single-use plastics as “recyclable,” where the products in question are unlikely to be recycled. These “recyclability” greenwashing cases reflect growing consumer consciousness about the environmental effects of purchaser spending. The challenges raise connected … [Read more...] about Applying Consumer Protection Basics to Greenwashing “Recyclability” Cases