2017-02-08 23:49
By: Lesley McAllister I’ve been thinking about the ridiculous Executive Order, signed last week, calling for two regulations to be “identified for elimination” for every ne… Read More
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2017-02-06 20:33
For the most part, the past few weeks have not been uplifting. But I’ve been to a few inspiring events, both involving my fellow professors. The first was a festschrift for Lesley McAl… Read More
2017-02-01 22:28
By: Lesley McAllister I was very glad to see the news today that Democratic senators boycotted the confirmation hearing of Scott Pruitt, the OK Attorney General nominated to lead the EPA. Wh… Read More
2017-01-26 23:36
By Lesley K. McAllister I’m starting to think that the years I have spent studying environmental agencies in Latin American countries might come in handy. I spent about a year in Brazi… Read More
2017-01-25 21:47
By: Lesley K. McAllister, UC Davis School of Law Hello! It’s been a while since I blogged here at Environmental Law Prof Blog, and I feel that I am now being called back to it. I, like… Read More
2016-12-20 14:00
By Melissa Powers On November 10, 2016, federal district court Judge Ann Aiken issued an astonishing decision in the atmospheric trust climate case, Juliana v. United States. The decision ho… Read More
2016-12-19 16:24
By Sarah Krakoff Owls versus jobs. Water for farmers versus water for salmon. Big dam versus tiny fish. Environmental disputes are often described in this way, as contests over limited resou… Read More
2016-12-15 20:00
Shalanda H. Baker At last, energy—that elusive thing that exists all around us, sustains myriad plant and animal life, and illuminates our homes—no longer requires massive infras… Read More
2016-12-15 01:51
Jonathan Rosenbloom Local communities and their ecology suffer hardship from a zero-sum game over governance authority. This game pits communities (and their local governments, including spe… Read More
2016-12-15 01:38
By Inara Scott The popular notion of a zero-sum game is a scenario in which, for one party to gain value, another party must lose it. We can imagine a pie cut into six pieces, with six peopl… Read More
2016-12-12 14:00
by John C. Dernbach We’re fighting for policy changes that will make it possible for us to have better choices; utilities that offer us renewable options, electric trains that make sho… Read More
2016-12-09 14:00
by Robin Kundis Craig Robin Kundis Craig Environmental pollution lands us in zero-sum games. The more interesting question is: Do we discover these games? Or do we invent them? In other word… Read More
2016-12-08 17:37
By Shannon Roesler The political climate that facilitated the passage of major pollution-control statutes, such as the Clean Air Act (CAA) and the Clean Water Act (CWA), may seem difficult t… Read More
2016-12-07 21:15
by Keith Hirokawa The issue addressed by this meeting of the Environmental Law Collaborative—zero-sum thinking and its application to environmental law—questions whether environm… Read More
2016-12-06 20:34
By David Takacs As humans appropriate ever more of the planet’s bounty, leaving less for nonhuman species and the ecosystems they inhabit, conflicts emerge over who or what gets which… Read More
2016-12-06 03:05
Call for Presentation and Panel Proposals for its Third Annual Sustainability Conference of American Legal Educators. This conference will be held on May 12, 2017, at ASU’s new law sch… Read More
2016-12-06 00:09
The Buffalo Environmental Law Journal is seeking proposals for its spring symposium, "Climate Change: Law, Policy, and Regulation." The symposium will be held at the University at Buffalo Sc… Read More
2016-12-05 22:13
Yesterday, the Army Corps of Engineers issued a statement that it would “not grant an easement” for the Dakota Access Pipeline (DAPL) to cross Lake Oahe “at the proposed lo… Read More
2016-12-05 14:02
By Jim Salzman Politicians love to talk about the glossy world of “Win-Win Scenarios.” Battling climate change will also grow the renewables sector and create thousands of green… Read More
2016-12-02 14:00
by J.B. Ruhl In Nonzero: The Logic of Human Destiny, Robert Wright offers a sweeping view of human evolution that culminates in his argument that modern society has become so complex and int… Read More
2016-12-01 19:00
By Jessica Owley This past summer, a small but hardy group of law professors gathered to discuss the concept of zero-sum environmentalism. In particular, we had set for our agenda to get &ld&hell…Read More
2016-12-01 18:23
This past summer, members of the Environmental Law Collaborative tackled the concept of Zero-Sum Environmentalism. As an initial foray into our experience with the phrase and its implication… Read More
2016-11-17 22:49
In what is hopefully not an indicator of legislative initiatives under the Trump Administration, the House Natural Resources Committee held a hearing on Tuesday on two public lands bills tha… Read More
2016-11-17 15:03
A Call for Papers from California Western Law Review: California Western Law Review is excited to invite submissions for its special spring issue. Entitled On the Border: A Legal Survey of t… Read More
2016-11-11 16:40
“As a future environmental attorney, I'm confused and angry and sad. And as a human being, I'm equally as confused and angry and sad. A lot of us students are trying to process all of… Read More
2016-08-15 04:02
"TMDLs suck." At least, that's what a guest speaker told my environmental law class a few years ago. To be fair, he was just talking about TMDLs for urban stormwater; in that context, the sp… Read More
2016-08-12 15:48
Great Britain's exit from the European Union ("Brexit") has both impacted economic markets and raised generalized geopolitical concerns. One of those concerns is what will happen to the U.K… Read More
2016-07-26 15:11
The Washington Journal of Environmental Law & Policy (WJELP) invites submissions for papers focused on how the legal landscape contends with the challenges of earthquakes and natural dis… Read More
2016-06-22 12:48
In a merits opinion issued on June 21, 2016, the U.S. District Court for the District of Wyoming (Judge Skavdahl) held that the U.S. Bureau of Land Management--the agency tasked with protect… Read More
2016-05-31 18:32
Today, the United States Supreme Court released its opinion in US Army Corps of Engineers v. Hawkes, Co. The key question in Hawkes was whether a Clean Water Act jurisdictional determination… Read More
2016-05-03 00:41
Following a general trend toward state preemption of local control over oil and gas development, the Colorado Supreme Court issued two opinions today finding that Colorado law preempts local… Read More
2016-05-02 23:20
Right now, the United States’ second-most-heated environmental controversy—behind only the Clean Power Plan—involves the Clean Water Rule, which seeks to clarify the scope… Read More
2016-03-30 19:10
The United States Supreme Court heard oral argument this morning in U.S. Army Corps of Engineers v. Hawkes, a case considering whether "jurisdictional determinations" under the Clean Water A… Read More
2016-03-19 18:53
This is brilliant. -Dave Owen Read More
2016-03-19 18:53
Recently I have been reading Windfall: The Booming Business of Global Warming, by the journalist McKenzie Funk. It is a fun and illuminating, if somewhat frightening, read. Funk takes to the… Read More
2016-03-19 18:53
NYU just announced an opening for a fellow at the school's Institute for Policy Integrity. Clicking here will open up a pdf of the announcement Read More
2016-03-19 18:53
Russia is rapidly becoming a pariah in part of the international community following its inclusion of Crimea within it's territories. The United States and the European Union notably have im… Read More
2016-03-09 22:31
Not that long ago, the opening words of one of Joe Sax’s articles described California pretty well. “We Don’t Do Groundwater,” the title began, and until recently, th… Read More
2016-03-07 05:42
Since Justice Scalia’s passing, the blogosphere has been abuzz with speculation about how the changed composition of the Court will affect environmental law. This post adds a little mo… Read More
2016-02-25 22:28
Professors Lisa Grow Sun and Brigham Daniels recently posted the latest draft of their recent article, Externality Entrepreneurism, on SSRN. This article builds on an earlier article, Mirror… Read More
2016-02-25 00:06
This past week, the Florida Supreme Court denied a petition for certiorari in the long-running takings case of Koontz v. St. John’s River Water Management District. The denial lets sta… Read More
2016-02-22 21:40
The United States Court of Appeals for the Sixth Circuit just released on opinion retaining jurisdiction in the litigation challenging the joint EPA/Army Corps Clean Water Rule, also often k… Read More
2016-02-18 15:59
Last week, the Supreme Court controversially stayed implementation of the Clean Power Plan (CPP), the cornerstone of the Obama Administration’s climate policy, while twenty-nine states… Read More
2016-02-16 21:45
A lawsuit recently filed in federal district court in the Northern District of Iowa aims to bring more agricultural pollution under Clean Water Act control. Board of Water Works Trustees of… Read More
2006-06-07 11:16
Columbia Law School is again sponsoring its Sabin Center Colloquium for junior environmental law faculty. The official announcement is pasted below. SABIN COLLOQUIUM ON INNOVATIVE ENVIRONMEN… Read More
2006-06-07 11:16
Jacob Malcolm and Ya-Wei Li (both with Defenders of Wildlife) have just published a paper that really should be required reading for anyone interested in the Endangered Species Act. Defender… Read More
2006-06-07 11:16
Although Cliven Bundy has gained some recent fame for resisting the BLM’s efforts to bring him into compliance with his federal grazing permits, he was a flash in the pan compared to t… Read More
2006-06-07 11:16
In environmental law circles, we often talk about gridlock. Laments about the inability of Congress to pass new environmental laws, or make significant improvements to existing ones, are com… Read More
2006-06-07 11:16
... and it wants you to come. I've heard good things about last year's conference, and the financial deal--lodging, meals, and up to $500 paid for travel--will make your dean happy. The orga… Read More
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