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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

2022 Annual Symposium: Panel 1 – California Carbon Offsets

Linda Gordon

September 22nd 2023

The first panel of the 2022 Annual Symposium was entitled “California Carbon Offsets.” The moderator was Colin Mickle, and speakers included Danny Cullenward and Neena Mohan.

2022 Annual Symposium: Foreword

Linda Gordon

September 22nd 2023

This year, we are pleased to be publishing the direct transcripts from the Symposium. Our panelists provided a wealth of thoughtful commentary throughout four panels, and we know readers will appreciate the nuance and candor they brought to each discussion.

When Super-Statutes Collide: CEQA, the Housing Accountability Act, and Tectonic Change in Land Use Law

Linda Gordon

June 23rd 2023

We hope this Article serves as a useful reminder that super-statutes aren’t super for all time. In 1970, in the wake of massive construction projects and rapid development across California, it was reasonable to believe that slowing construction down would help the environment. The foundational CEQA cases were decided accordingly. ...

Litigation & Liberation

Linda Gordon

June 23rd 2023

This Article argues that litigation, when deployed critically and strategically, can have important material and cultural benefits for social movements. The Cricket Hollow Zoo campaign vividly demonstrates litigation’s positive direct and indirect effects. At the same time, the case study illustrates some of the risks and limits of relying on ...

The Public Trust Doctrine: Regulatory Reform, Climate Disruption, and Unintended Consequences

Linda Gordon

June 23rd 2023

In 2021, Wisconsin’s supreme court rejected the notion that Act 21 alters the DNR’s broad and explicit statutory charge to act as a trustee of the state’s waters, as written into sections 281.11 and 281.12 of the Wisconsin Statutes. The interviews with Water Specialists and their supervisors demonstrate that these ...

Environmental Silver Bullets

Linda Gordon

June 23rd 2023

Going forward, both formal regulation and informal mechanisms are needed to create better accountability for large-scale environmental technology solutions. Despite the potential consequences, new technologies hold real promise for improving ecosystem health and environmental management globally. Many potential features could improve governance of these technologies, but it is essential that ...

Animals Too Ugly to Protect? The PACT Act Needs an Update

Camryn Cezar

April 27th 2023

This Article examines the Preventing Animal Cruelty and Torture (PACT) Act. This Article argues that the definition of animal crushing should include the torture of low-value animals. Because the PACT Act presents a legitimate governmental interest in preventing animal cruelty, this interest could extend to low-value animals in other federal ...

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 ...

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