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Foreword

Internet Editor

March 15th 2022

We are honored to introduce the Ecology Law Quarterly’s 2020–21 Annual Review of Environmental and Natural Resource Law. Now in its twenty-second year, the Annual Review is a collaborative endeavor of students and faculty. But the greatest contributors to the Annual Review are Ecology Law Quarterly’s (ELQ) editorial board and ...

Foreword

Internet Editor

February 16th 2021

We are honored to introduce Ecology Law Quarterly’s 2019–20 Annual Review of Environmental and Natural Resource Law. Now in its twenty-first year, the Annual Review is a collaborative endeavor by students and faculty. But the greatest contribution to the Annual Review is made by the editorial board and members of ...

Foreword

Julie Rose

March 29th 2020

It is our pleasure to introduce Ecology Law Quarterly’s 2017–18 Annual Review of Environmental and Natural Resource Law. In its nineteenth year, the Annual Review is the product of collaboration among the student authors, ELQ’s editors, Berkeley Law’s environmental law faculty, and the Center for Law, Energy and the Environment.

Foreword to the 2016-2017 Annual Review

Julie Rose

March 26th 2020

It is our pleasure to introduce Ecology Law Quarterly’s 2016–17 Annual Review of Environmental and Natural Resource Law. This is the Annual Review’s eighteenth year and is a product of collaboration among the ELQ editors and student authors, Berkeley Law’s environmental law faculty, and the Center for Law, Energy and ...

Foreword to the 2015-16 Annual Review

Julie Rose

March 25th 2020

We are honored to introduce Ecology Law Quarterly’s 2015–2016 Annual Review of Environmental and Natural Resource Law. Now in its seventeenth year, the Annual Review is a collaborative endeavor. It is founded on Berkeley Law’s renowned environmental law program, which itself is built upon some of the leading scholars in ...

Cultural Burning Can Mitigate Climate Change and Produce Income for Native American Tribes

Dana Dabbousi

July 28th 2024

For Aboriginal and Torres Strait Islander people, using cultural burning to generate carbon credits by way of the Australian savanna burning program annually provides $50 million AUD ($33 million USD) in revenue, achieves a reduction of more than one million tons of greenhouse gas (GHG) emissions, and provides jobs, training, ...

On the Brink of a “Mass Exodus,” Can International Law Adequately Protect “Climate Refugees”?

Dana Dabbousi

June 27th 2024

As climate change experts increasingly warn that the world is approaching a breaking point, the question feels less theoretical and more urgent: can international law offer answers to the prospect of mass displacement in relation to climate change? This paper provides a concise overview of the conversation, examining the variety ...

Forward for Ecology Law Quarterly, Volume 49 Issue 2

Internet Editor

March 11th 2023

Environmental law covers a lot of territory, intersecting with energy law and land use law. The range of topics in the Annual Review is a tribute to the diversity of the field. The contributions to this issue demonstrate that innovative legal analysis can not only advance legal doctrine, but can ...

So You Want to be an Environmental Law Professor… An Empirical Analysis of the Environmental Law Hiring Market from 2011 – 2022

Camryn Cezar

November 23rd 2022

Using data collected by Professor Sarah Lawsky for her annual entry level hiring report, I analyzed trends in the hiring of environmental law professors (“ELPs”) from 2011 2022. With this Analysis, I provide insight into the hiring market for environmental law professors. I hope this Analysis is useful and edifying ...

Environmental Impact Assessment in North Korean Environmental Law: Origins, Evolution, and a Comparative Analysis

November 13th 2021

This Article will explore the little-known legal tools that North Korea has adopted in order to address environmental issues, with a specific focus on the Environmental Protection Law (1986) and the Environmental Impact Assessment Law (2005), because environmental impact assessment can serve as a barometer of the socialist country’s environmental ...

California’s Ban on Climate-Informed Models for Wildfire Insurance Premiums

October 19th 2021

Popular news outlets have effectively covered how homeowners living in high fire risk areas find it increasingly difficult to obtain property insurance. However, there is very little public discussion of, and little scholarship on, how California’s rules against using current and future risk data – including cutting edge climate science ...

Easing Off the Gas: Efficient and Equitable Policy for Passenger Vehicle Emissions Reduction

October 26th 2020

There are various public policy approaches to addressing passenger vehicle carbon emissions. In this article I review three possible approaches: raising emissions standards; alternative fuel vehicle subsidies; and congestion charging zones. I propose a set of criteria for evaluating these different policies, and apply those criteria to the three policies. ...

Salmon Lessons For The Delta Smelt: Unjustified Reliance On Hatcheries In The USFWS October 2019 Biological Opinion

June 26th 2020

Pursuant to the Endangered Species Act, in October 2019 the United States Fish and Wildlife Service (USFWS) of the Trump Administration issued a new Biological Opinion (BiOp) for coordinated operations of the Central Valley Project and the State Water Project (2019 USFWS BiOp). The 2019 USFWS BiOp issued by the ...

A Polymer Problem: How Plastic Production and Consumption is Polluting our Oceans

Computer Courage

April 19th 2019

Typically, when a new product comes on the scene, it takes several generations to evaluate its use and environmental impact. However, synthetic plastics really only began to take over around 50 years ago, and we’re already seeing a movement to ban, or at least drastically reduce, the material.

State Clean Energy Polices at Risk: Courts Should Not Preempt Zero Emission Credits for Nuclear Plants

ELQ Journal

April 27th 2018

In 2016, the Illinois Legislature and New York Public Service Commission (PSC) enacted nearly identical policies to induce economically struggling nuclear power plants to continue operating. Competing power generation companies filed suits in federal district courts, arguing that the states’ policies are preempted

Mitigating Greenhouse Gas Emissions in the Northeast and Mid-Atlantic Transportation Sector: A Cap-and-Invest Approach

ELQ Journal

March 7th 2018

James D. Flynn* This post is part of the Environmental Law Review Syndicate (ELRS). I. Introduction In recent years, states in New England and the mid-Atlantic region have made significant progress in reducing climate change-inducing greenhouse gas (GHG) emissions from the electricity generation sector.[1] This has largely been the result of ...

Opportunities to Address Climate Change in the Next Farm Bill

ELQ Journal

November 28th 2017

  Sara Dewey,[2] Liz Hanson,[3] & Claire Horan[4] This post is part of the Environmental Law Review Syndicate (ELRS). Original article can be found here. Introduction The Farm Bill affects nearly every aspect of agriculture and forestry in the United States. Therefore, its next reauthorization offers an important opportunity to better ...

FERC Relicensing and Its Continued Role in Improving Fish Passage at Pacific Northwest Dams

ELQ Journal

October 15th 2017

 Skylar Sumner* This post is part of the Environmental Law Review Syndicate (ELRS).  I. Introduction The history of the American west is inextricably intertwined with damming rivers.[1] Whether for navigation, irrigation, or hydroelectric power, nearly every American river has been dammed.[2] In fact, stretching back to the day the Founding Fathers ...

Implementing Supplemental Environmental Project Policies to Promote Restorative Justice

ELQ Journal

March 11th 2016

Eric Anthony DeBellis Eric DeBellis is a 3L at Berkeley Law, where he is Senior Executive Editor of the Ecology Law Quarterly. This post is part of the Environmental Law Review Syndicate. Introduction The overwhelming majority of environmental enforcement actions settle out of court, but overlooking settlements as merely a ...

Trying to Find a Balance: Agricultural Land Conservation vs. Development in the Green Mountain State

ELQ Journal

November 16th 2015

Kristen Mae Rodgers Kristen Mae Rodgers is Note Editor for Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. Vermont is leading the nation in the local, sustainable food movement and the new food economy. In fact, Vermont is the frontrunner in farm stands, community ...

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