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A California Environmental Court to Adjudicate Climate Change

Climate change creates mitigation and adaptation needs across the country, especially in California, which faces flooding, erosion, fire, and extreme weather. To armor against the rising tide of climate change and its accompanying flood of litigation, California should create a specialized environmental court to adjudicate state climate issues. (read more)

Closing the Ocean Fracking Gap: EPA Leadership Is Needed to Regulate Aging Rigs and Evolving Risks Offshore

This Note explores how fracking has slipped through the cracks in a closely regulated industry. Examining the root of the problem, this Note outlines how we might design an administrative apparatus to address emerging environmental harms in the context of aging oil and gas infrastructure. (read more)

Protecting Species and Timber Communities from Extinction: A Case Study on Spotted Owls, Logging, and Cooperative Management in Western Lane County, Oregon

This Note uses western Lane County as a case study to diagnose sticking points in conservation under the ESA and prescribe characteristics of management strategies more likely to sustain both resource extraction-dependent communities and populations of listed specie (read more)

What's New

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 ...

Public Investment in Climate Resiliency: Lessons from the Law and Economics of Natural Disasters

Internet Editor

October 2nd 2022

Despite an uptick in legal scholarship addressing resiliency and climate adaptation in general, very little of it analyzes the historic disparity between greater ex post public expenditures to recover from disasters and relatively smaller ex ante investments in disaster preparedness and prevention. This Article addresses the gap in the literature ...

The Insect Apocalypse: Legal Solutions for Protecting Life on Earth

Internet Editor

October 2nd 2022

In this Article, we explore the problem of beneficial insect population decline and evaluate the utility of existing federal law to reverse the trend. We offer solutions that can be implemented by the U.S. Environmental Protection Agency (EPA) under existing federal laws without the need for additional congressional action.

Radical Climate Adaptation in Antarctica

Internet Editor

October 2nd 2022

This Article’s central claim is that the governance challenges posed by radical adaptation in Antarctica are surmountable. Geopolitical and security interests may make states more willing than is now evident to explore ice-sheet stabilization and amend the Antarctic Treaty System accordingly. Moreover, the legitimacy of the system relies on the ...

Air Pollution and Environmental Justice

Internet Editor

October 2nd 2022

This Article is organized as follows. Part I details the increasingly broad domain of environmental justice concerns, from beginnings focused on the negative impacts of waste sites on disadvantaged communities to more attention over the last two years on the relationship between COVID-19 death rates and high particulate matter concentrations. ...

Holey Cow: The Legal Exploitation of Cattle in the United States

Camryn Cezar

September 21st 2022

This paper aims to unearth patterns, successes, and shortcomings of the legal landscape for cattle in the United States. While U.S. law occasionally works to protect cattle against human exploitation, it is not enough. Instead, the United States’ legal approaches to cattle activity should strive to develop empathy and compassion ...

Building to Burn? Permitting Exurban Housing Development in High Fire Hazard Zones

Internet Editor

June 29th 2022

To understand how well CEQA is addressing wildland-urban interface development, we analyzed data on environmental review for housing projects in three large exurban counties and additional cities with substantial wildland-urban interface areas. Our results indicate that CEQA and local land-use regulation may not be adequately addressing wildland-urban interface development in ...

Climate Liability for Wildfire Emissions from Federal Forests

Internet Editor

June 29th 2022

This Symposium Article focuses on the issue of wildfire emissions from federal forests and the challenges that wildfire emissions, and forests generally, pose for climate policy.

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ELQ at a Glance

54 Years
201 Issues
800+ Authors
143 Members
1,600+ Alumni

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