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
HELR Online
What we learned in Held v. Montana
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
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