by: Sean Lyness* View pdf here Introduction Five states and more than sixteen local governments have filed lawsuits against fossil fuel companies seeking damages related to climate change.[1] A veritable avalanche of litigation, the state and local climate change lawsuits represent both a courageous attempt to use tort law to remedy the harms of climate change as well as a … [Read more...] about Tangled Up in Procedure: The State and Local Climate Cases After Baltimore and Ford
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Building Better Conservation Easements for America the Beautiful
By: King Burnett,[1] John D. Leshy,[2] & Nancy A. McLaughlin[3] Article (PDF): https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3925094 Introduction In January 2021, the Biden Administration endorsed the goal of protecting 30 percent of the nation’s lands and waters by 2030 to conserve biodiversity and help curb greenhouse gas emissions.[4] The Administration’s … [Read more...] about Building Better Conservation Easements for America the Beautiful
From Tropics to Swamp: How County of Maui Muddies the Clean Water Act
by Lavran Johnson Introduction County of Maui v. Hawaii Wildlife Fund, the latest in a string of Supreme Court decisions that set the jurisdictional bounds of federal water protection, appears to be an environmental victory: a 6–3 decision from a conservative Court that refuses to draw artificial limits around protective regulation. Despite this positive result, … [Read more...] about From Tropics to Swamp: How County of Maui Muddies the Clean Water Act
The Winds of Change: Investing in Floating Offshore Wind Development
by Cole Jermyn This post is part of the Environmental Law Review Syndicate. Introduction The offshore wind power industry in the United States is at an inflection point. Only two projects have been constructed up to this point: the Block Island wind farm off Rhode Island, and the Coastal Virginia Offshore Wind pilot project off Virginia. Together, these … [Read more...] about The Winds of Change: Investing in Floating Offshore Wind Development
The Origins of Federal Wildlife Regulation Under the Commerce Clause
by Kathryn E. Kovacs, Professor, Rutgers Law School, The State University of New Jersey. ©Kathryn E. Kovacs 2021. This post is part of the Environmental Law Review Syndicate. June 8, 2020, marked the eightieth anniversary of the Bald Eagle Protection Act—the first federal statute to rely on the Commerce Clause for the authority to prohibit the taking of … [Read more...] about The Origins of Federal Wildlife Regulation Under the Commerce Clause