Harvard Environmental Law Review

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Avoiding Buy America’s Pitfalls in the Inflation Reduction Act

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By Peter W. Johnston[*] Download pdf here In August 2022, Congress passed and President Biden signed the Inflation Reduction Act (“IRA”) into law. This legislation represents the United States’ largest policy response to climate change in history. Unlike prior proposed climate packages at both the federal and the state levels, the IRA includes muscular domestic source … [Read more...] about Avoiding Buy America’s Pitfalls in the Inflation Reduction Act

The Narrow Reinterpretation: The Oil and Gas Industry’s Retreat from the Broad Permitting Authority It Long Embraced

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By Max Sarinsky[1] Download pdf here America’s oil and gas industry relies heavily on federal permits, which are prerequisites for extraction, transport, and export. For instance, producing oil or gas on either federal land or water managed by the Department of the Interior (Interior) requires leasing and authorization.[2] Constructing interstate gas pipelines requires a … [Read more...] about The Narrow Reinterpretation: The Oil and Gas Industry’s Retreat from the Broad Permitting Authority It Long Embraced

What we learned in Held v. Montana

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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

Regulating the Farm, the Fork, and Everything in Between

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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

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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