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Adapting the Paris Agreement

ELQ Journal

April 18th 2016

Bonnie Smith Bonnie Smith is the Staff Editor at the Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. Introduction For the first time in the history of international climate negotiations, adaptation has its own article in a legal text. Even more striking is ...

It is Time for Oregon to Define its Public Trust Duties

ELQ Journal

April 10th 2016

Olivier Jamin Olivier Jamin is a 2L at Louis & Clark Law School and is the Online Journal Editor of Environmental Law. This post is part of the Environmental Law Review Syndicate. I. Introduction The public trust doctrine (PTD) is a concept under which states have the duty to preserve ...

Towards a Middle Path: Loss & Damage in the 2015 Paris Agreement

ELQ Journal

April 4th 2016

Maryam Al-Dabbagh Maryam Al-Dabbagh is an L.L.M student in Environment & Energy Law at New York University School of Law and is the Graduate Editor of the NYU Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. Introduction In the lead-up to the Paris talks, the ...

Rising Seas in the Holy City: Preserving Historic Charleston in the Face of Global Climate Change

ELQ Journal

March 27th 2016

Will Grossenbacher Will Grossenbacher is a 3L at the University of Virginia School of Law and is the former Editor-in-Chief of the Virginia Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. From October 2–5, 2015, the State of South Carolina, and the City of Charleston ...

Scalia’s Swan Song: The “Irreconcilability Canon” Resolves the Clean Air Act’s Section 111(d) Drafting Error and Encourages Good Lawmaking

ELQ Journal

March 10th 2016

Brenden Cline Brenden Cline is Editor-in-Chief of the Harvard Environmental Law Review. This post is part of the Environmental Law Review Syndicate. [This] is a ‘rare case.’ It is and should be . . . . But every generation or so a case comes along when this Court needs to ...

Plugging the Regulatory Holes: How to Prevent the Next Aliso Canyon Catastrophe

ELQ Journal

March 8th 2016

Myles Osborne Myles Osborne is a 1L and General Member of the Michigan Journal of Environmental & Administrative Law. This post is part of the Environmental Law Review Syndicate.          In late October 2015, the Southern California Gas Company’s Aliso Canyon Natural Gas Storage Facility began spewing natural gas into ...

BioTransport: Moving Wildlife in Response to Climate Change

ELQ Journal

February 25th 2016

Stacy Shelton Stacy Shelton is a Staff Editor for Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. “If climate change continues unabated and as rapidly as a few models predict, saving at least some species will require solutions more radical than creating parks ...

What the Supreme Court’s Stay of the Clean Power Plan Means for the EPA’s Greenhouse Gas Regulation Moving Forward

ELQ Journal

February 18th 2016

Benjamin Harris Benjamin Harris is a 3L at UCLA School of Law and serves as Executive Editor of the UCLA Journal of Environmental Law & Policy. This post is part of the Environmental Law Review Syndicate. The Clean Power Plan (“CPP”), announced and promulgated in late 2015 by the Environmental ...

Clean Power Planning: Unlike with Obamacare, States are Preparing for Clean Power Plan Compliance Even as they Fight it in the Courts

ELQ Journal

February 11th 2016

Jennifer Golinsky Jennifer Golinsky is on the Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate. When the EPA released its draft of the Clean Power Plan (CPP) in June 2014,[1] commentators were quick to draw comparisons[2] to Obamacare (i.e., the Patient Protection and Affordable ...

ADMINISTRATIVE NECESSITY: ORIGIN AND APPLICATION TO THE EPA TAILORING RULE

ELQ Journal

January 28th 2016

David Williams David Williams is a 3L at University of Virginia School of Law and serves as Editor of Virginia Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. In the wake of Massachusetts v. EPA,[1] the EPA fashioned new regulations to cover greenhouse gasses. As part ...

La Vie en Vert

ELQ Journal

January 28th 2016

Daniel Carpenter-Gold Daniel Carpenter-Gold is Managing Editor of Harvard Environmental Law Review.This post is part of the Environmental Law Review Syndicate. It’s done. Like a reluctant Odysseus, we have fastened ourselves to the mast of emissions reductions with Bungee cords (not too tight, now!) and stuffed one ear full of ...

From Kyoto To Paris: How Bottom-Up Regulation Could Revitalize the UNFCCC

ELQ Journal

December 1st 2015

Luke Grunbaum Luke Grunbaum is a 3L at UCLA School of Law, where he is Editor-in-Chief of the UCLA Journal of Environmental Law and Policy. This post is part of the Environmental Law Review Syndicate. The United Nations Framework Convention on Climate Change (UNFCCC) establishes the basic principles and goals ...

A Leading Cause of Everything: One Industry That Is Destroying Our Planet and Our Ability to Thrive on It

ELQ Journal

October 30th 2015

Christopher Hyner Christopher Hyner is a 3L at Georgetown University Law Center, where he is a Managing Editor for the Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. Climate change. Ocean dead zones. Fisheries depletion. Species extinction. Deforestation. World hunger. ...

Enhancing biodiversity on working agricultural lands through environmental mitigation and offsets: Opportunities in Australia and the United States

ELQ Journal

October 18th 2015

Matthew Roach* [ Click Here to Comment ][ Download PDF ] Australian agencies have extensive experience managing working agricultural lands to enhance biodiversity. State and Commonwealth agencies are increasingly using environmental offsets as a tool to manage the impacts of development. However, working agricultural lands are generally not considered a ...

The Berkeley Exchange: Celebrating Berkeley’s Contribution to Environmental Law Scholarship

ELQ Journal

January 27th 2014

The Berkeley Exchange: Celebrating Berkeley’s Contribution to Environmental Law Scholarship Friday, February 7, 2014Symposium 8am-5:30pmAll-Alumni Reception 6pm-8pm [Download the Berkeley Exchange event flyer] On Friday, February 7th, Berkeley Law’s Ecology Law Quarterly and Center for Law, Energy, and the Environment are proud to host their symposium, The Berkeley Exchange: Celebrating ...

California’s Precarious Path to Climate Change Mitigation

ELQ Journal

December 6th 2013

By Penni Takade* [ Click Here to Comment ][ download PDF ] California’s ambitious cap and trade program for greenhouse gases (GHG) began operations in 2013. The program is one of the centerpieces of the state’s climate mitigation plans. As with any major initiative, there are obstacles and weaknesses that can ...

The Obsolescence of Environmental Common Law

ELQ Journal

May 9th 2013

by R. Trent Taylor* [ Click Here to Comment ] [ download PDF ] Obsolescence, the process of becoming obsolete, is a staple of our lives in the twenty-first century. As new and better technologies develop at a faster and faster pace, our existing technologies—smartphones, televisions, computers—become obsolete almost as ...

Sulfuric Acid Mist: Regulating Uncertainties

ELQ Journal

December 7th 2012

Matthew Thurlow* [ Click Here to Comment ][ download PDF ] <<< See Update, January 2, 2013, below >>> Sulfuric acid mist, also known as H2SO4 or SO3,[1] is one of the least publicized air pollutants associated with emissions from coal-fired power plants. Long overshadowed by nitrogen oxides, sulfur dioxide, ...

China’s Regulatory Response to the Looming Energy Crisis

ELQ Journal

June 20th 2012

                                                                   Yuwa Wei*                                 ...

Student Review of Selected Panels at the 2012 Water Law Symposium “Water and Growth: The Imperative for Sustainable Approaches to Uncertainty”

ELQ Journal

March 22nd 2012

[ Click Here to Comment ][ download PDF ]   Click here for videos of all sessions or on each session for its video. All review authors attended the 2012 Water Law Symposium hosted at the University of California, Berkeley, School of Law on January 21, 2012. The panel reviews ...

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