2023-08-06 14:40
Each fall, I write a post listing schools that are interested in hiring tenured or tenure-track environmental law faculty. This year's list appears below. Readers should be aware of a few th… Read More
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2023-05-26 18:26
Yesterday was a bad day for people who care about water quality. The Supreme Court’s Sackett opinion gutted traditional Clean Water Act jurisdictional standards. Others have appropriat… Read More
2023-04-14 21:23
Earlier this week, a federal district court in North Dakota enjoined implementation of a major Clean Water Act rule. The rule, which EPA and the US Army Corps of Engineers jointly enacted la… Read More
2023-02-06 20:40
Negotiating wasn’t part of my education in environmental science or environmental law. At the time, this didn’t seem like a gap. Environmental science and engineering seemed to h… Read More
2023-01-03 19:59
On New Year’s Eve, EPA and the Army Corps of Engineers released their latest effort to define “the waters of the United States,” a key phrase from the Clean Water Act. The… Read More
2022-11-10 22:22
In one of Tuesday’s least surprising outcomes, California voters reelected Democratic Gov. Gavin Newsom. It wasn’t close. This might seem interesting only if you’re predict… Read More
2022-08-18 03:24
For the past few years, I’ve written a post listing schools that are interested in hiring tenured or tenure-track environmental law faculty. This year's list appears below. Readers sho… Read More
2021-10-25 19:49
Open-eyed assessment of the potential for and on-the-ground realities of 4 degrees of warming supports the implementation of extraordinary and immediate mitigation measures and portends that… Read More
2021-10-22 17:14
Climate change has consistently proven to be more extreme than climate models have projected. If this trend towards extremely unpleasant surprises holds, more drastic adaptive responses will… Read More
2021-10-21 14:23
Given the “existential threat to democratic governance” posed by a sober assessment of continued global climate warming, J.B. Ruhl and Robin Kundis Craig, in their provocative ar… Read More
2021-10-20 19:06
Indulge an extended metaphor. The deck chairs on the Titanic are not arranged so that all passengers have fair access to them. For that matter, all the ship’s amenities are inequitably… Read More
2021-10-19 15:50
Although some Republican officials have signaled a willingness to work on mitigation and adaptation policies, political promises to address climate change still largely come from only one pa… Read More
2021-10-18 17:27
The “veil of ignorance” thought experiment devised by the philosopher John Rawls has long haunted law school seminar rooms and lecture halls. And for good reason. In his ambitiou… Read More
2021-10-15 13:57
Our children are scared and anxious. Our climate scientists are facing unprecedented levels of stress and depression. The future appears a dark and scary place. Sometimes, it seems like the… Read More
2021-10-14 17:36
From an ecosystem services perspective, access to nature—and the benefits that come from functioning ecosystems—is poorly distributed across class, race, gender and throughout co… Read More
2021-10-13 19:35
It may seem an unlikely connection, but while reading Robin Kundis Craig and J.B. Ruhl’s excellent (if depressing!) paper 4° Celsius, I found myself thinking about the Disney movie… Read More
2021-10-12 13:14
Just as rising global temperatures will accelerate change in ecological systems, a 4° Celsius world will catalyze social changes in the United States. In some parts of the country, these… Read More
2021-10-11 13:48
Climate change disrupts the boundaries that demarcate human existence. Boundaries are an essential tool in contemporary human life. They produce and entrench identity. They ground governance… Read More
2021-10-08 04:56
Drought. Flooding. Extreme heat. Climate change has many tools for destruction, but no matter the disaster, in a 4° Celsius world, parts of the United States will be left uninhabitable… Read More
2021-10-07 20:19
A 4°C world will reshape the human and nonhuman landscapes of the planet. That’s axiomatic. This reshaping, which we could have avoided, will now unfurl beyond our control: Seas wi… Read More
2021-10-06 19:05
Professors Ruhl and Craig paint a vision of a 4ºC world marked by “discontinuous and often unpredictable transformation.” Nature, from climate to ecosystems to species, is h… Read More
2021-10-05 12:50
Governments, and therefore taxpayers, could be saddled with enormous costs as global temperatures increase over the coming years. One aspect of these costs is the money governments in the Un… Read More
2021-10-04 13:45
In August, 2021, for the first time ever, the federal government declared a water shortage in the Colorado River basin. While the declaration was not necessarily surprising—the Colorad… Read More
2021-10-01 13:42
The Environmental Law Collaborative (ELC) comprises a rotating group of law professors who assemble every other year to think, discuss, and write on an important and intriguing theme in envi… Read More
2021-10-01 13:41
Western water rights reflect a short and stable climate history, but that period of stability is ending. Looming climate change of 4°C will produce not only higher temperatures, but decr… Read More
2021-08-23 17:21
Earlier this year, in his dissenting opinion in Cedar Point Nursery v. Hassid, Justice Breyer wrote that “most government action affecting property rights is analyzed case by case unde… Read More
2021-08-05 18:25
Each year, I write a post listing schools that are interested in hiring tenured or tenure-track environmental law faculty. This year's list appears below. Readers should be aware of a few th… Read More
2021-03-01 17:31
Last fall, we ran a post about schools looking to hire environmental law professors, or people in related fields. In the last few weeks, schools have posted more information about that subje… Read More
2020-11-03 20:53
John Cruden, who among many other things was a longtime Justice Department leader in the Environment and Natural Resources Division, was awarded the Lifetime Achievement Award for Environmen… Read More
2020-11-02 13:24
The University of Michigan Law School invites junior scholars to attend the 7th Annual Junior Scholars Conference, which will take place virtually on April 16-17, 2021. The conference provid… Read More
2020-09-13 20:59
Two weeks ago, as the West was just beginning to go up in smoke, I recorded a wildfire-101 video for my students and interested colleagues. My goal was to explain, in about fifteen minutes… Read More
2020-08-19 20:52
For the past few years, I’ve written a post listing schools that are interested in hiring tenured or tenure-track environmental law faculty. This year's list appears below. Readers sho… Read More
2020-06-02 16:40
The coronavirus pandemic offers lessons for leaders on every level about how—and how not— to manage complex interjurisdictional challenges, like the environment, which unfold wit… Read More
2020-04-30 23:39
Imagine, for a moment, that our current discussions about coronavirus shelter-in-place orders were happening in a somewhat different political reality. In that alternative reality, the Presi… Read More
2020-03-31 21:25
During the COVID-19 public health crisis, governments across the country – and the world – are trying to strike the appropriate balance between the actions needed to limit the sp… Read More
2020-03-09 18:30
Last week, the United States Supreme Court granted review in Fish and Wildlife Service v. Sierra Club. You might think, just based on the names of the participating parties, that a win for t… Read More
2020-01-23 18:52
This morning, the US Army Corps of Engineers and EPA released a final rule determining which aquatic features are covered by the Clean Water Act. Already, the press coverage is following a f… Read More
2020-01-21 19:31
This guest post was written by Michael Blumm and Mary Wood. What just happened? Twenty-one young people have declared “We’re Not Done!” in response to a dismissal of their… Read More
2019-12-17 20:43
This morning E&E News reported that researchers from the Netherlands and Environmental Defense had quantified a massive natural gas leak at an Exxon-subsidiary-owned well in Ohio. Accord… Read More
2019-11-16 00:24
An interesting case is pending in federal district court in San Francisco that attempts to force EPA to prohibit fluoridated drinking water as an “unreasonable risk” to public he… Read More
2019-11-13 05:10
If you’ve practiced environmental law, you’ve probably worked with environmental consultants. Environmental controversies often involve engineering, science, and planning, and la… Read More
2019-10-23 15:20
Last Thursday, the Government Accountability Office released a new study on federal agencies and environmental justice. The narrow purpose of the report is to assess the extent to which fede… Read More
2019-10-18 01:25
I just ran across Professor Nathasha Affolder’s (University of British Columbia) recent article, Contagious Environmental Lawmaking. This thought-provoking piece critically examines ho… Read More
2019-10-02 17:25
Call for Proposals Deadline: Friday, October 18, 2019 The University of Detroit Mercy Law Review seeks proposals for its 104th annual Symposium, which will focus on Race, Class, and Environm… Read More
2019-09-23 20:36
Last Thursday morning, the Environmental Protection Agency and the National Highway Transportation Safety Administration revoked California’s authority to regulate mobile sources&rsquo&hell…Read More
2019-09-20 16:18
As the media has widely reported, yesterday EPA and the National Highway Traffic Safety Administration (NHTSA) revoked California’s authority to regulate greenhouse gas emissions from… Read More
2019-09-09 19:09
One of the joys of working as an academic is that part of our job is just to read and learn from the works of others, even if it is not directly relevant to our own research. Having recently… Read More
2019-09-03 11:00
If you’re a second- or third-year law student with an interest in environmental law, chances are pretty good that you’ll soon be writing an environmental law paper. You might wri… Read More
2019-08-19 02:50
For the past few years, I’ve written a post listing schools that are interested in hiring tenured or tenure-track environmental law faculty. This year's list appears below. Readers sho… Read More
2019-07-30 00:19
The BLM released its final EIS and proposed Monument Management Plan for the two new units of the modified Bears Ears National Monument in southern Utah on July 26. The new units comprise 20… Read More
2019-06-05 21:21
The University of Oklahoma College of Law anticipates hiring up to two faculty members AY 2019-2020 in the following areas: (1) energy and natural resources law, with a focus on water law an… Read More
2019-05-02 15:05
Vermont Law School is hosting the Emerging Environmental Law Curriculum Conference, June 20-22, 2019, at its campus on the banks of the White River. There will be a keynote address by Bill M… Read More
2019-01-08 15:40
Every year, the American Constitutional Society awards to Cudahy Prize to a top article on administrative or governance law. In hopes of getting more submissions from environmental lawyers… Read More
2019-01-07 22:30
In recent weeks, a few environmental law professors have asked their colleagues to participate in efforts to identify the classic or canonical cases of environmental law. It's a fun exercise… Read More
2018-12-12 05:02
This morning, the US Army Corps of Engineers and EPA released a proposed new rule that would change the agencies’ shared definition of “waters of the United States.” That p… Read More
2018-11-17 15:23
David Takacs is a Professor at University of California Hastings College of the Law This is the thirteenth and final essay in a series from the Environmental Law Collaborative on the theme:… Read More
2018-11-17 15:12
Inara Scott is an Associate Professor in the College of Business at Oregon State University This is the twelfth in a series of essays from the Environmental Law Collaborative on the theme: "… Read More
2018-11-15 16:17
Erin Ryan is the Elizabeth C. & Claude W. Atkinson Professor at Florida State University College of Law This is the eleventh in a series of essays from the Environmental Law Collaborativ… Read More
2018-11-15 15:58
J.B. Ruhl is the David Daniels Allen Distinguished Chair of Law, Director of the Program on Law and Innovation, and Co-director of the Energy, Environment, and Land Use Program. This is the… Read More
2018-11-14 15:51
Melissa Powers is the Jeffrey Bain Faculty Scholar and Professor of Law, and Director of the Green Energy Institute at Lewis & Clark Law School. This is the ninth in a series of essays f… Read More
2018-11-13 14:05
By Vanessa Casado Pérez Vanessa Casado Pérez is Associate Professor of Law and Research Associate Professor of Agricultural Economics at Texas A&M University School of Law… Read More
2018-11-13 14:00
Disruption as Opportunity By Jessica Owley Jessica Owley is Professor of Law at University of Buffalo Law School This is the seventh in a series of essays from the Environmental Law Collabor… Read More
2018-11-11 17:10
By Katrina Fischer Kuh Katrina Fischer Kuh is the Haub Distinguished Professor of Environmental Law, Elisabeth Haub School of Law at Pace University This is the sixth in a series of essays f… Read More
2018-11-10 20:52
By Sarah Krakoff and Shannon Roesler Sarah Krakoff is the Moses Lasky Professor of Law at University of Colorado Law School Shannon Roesler is Professor of Law at Oklahoma City University Sc… Read More
2018-11-09 15:18
By Blake Hudson Blake Hudson is Professor of Law and the A.L. O'Quinn Chair in Environmental Studies at the University of Huston Law Center. This is the fifth in a series of essays from the… Read More
2018-11-08 15:43
By Keith H. Hirokawa and Jonathan Rosenbloom Keith H. Hirokawa is Professor of Law at Albany Law School Jonathan Rosenbloom is Dwight D. Opperman Distinguished Professor of Law at Drake Law… Read More
2018-11-07 23:22
The United States uses a cooperative federalism framework to implement much of federal law. Under this framework, Congress allows states to take over implementation of major aspects of the p… Read More
2018-11-07 15:42
Robin Kundis Craig is the James I. Farr Presidential Endowed Professor of Law, University of Utah S.J. Quinney College of Law. This is the third in a series of essays from the Environmental… Read More
2018-11-06 13:13
Rebecca Bratspies is Professor of Law at the CUNY School of Law and the founding director of the Center for Urban Environmental Reform. This is the second in a series of essays from the Envi… Read More
2018-11-05 21:13
The Environmental Law Collaborative (ELC) comprises a rotating group of law professors who assemble every other year to think, discuss, and write on an important and intriguing theme in envi… Read More
2018-09-29 04:03
On Monday, the United States Supreme Court will hear argument in Weyerhauser v. United States, a case involving the critical habitat designation for the dusty gopher frog. In some quarters… Read More
2018-08-22 20:49
Several years ago, Dan Farber began compiling a post listing law schools that were interested in hiring environmental law professors. I've taken over that task, and this year's list appears… Read More
2018-08-16 19:48
BLM recently released planning documents illustrating the outline of a management strategy for the five new units of the modified Bears Ears and Grand Staircase-Escalante National Monuments… Read More
2018-08-08 21:13
Secretary of Commerce Wilbur Ross just released a statement directing NOAA to "facilitate" water use to respond to California's wildfires (the statement follows several tweets in which Presi… Read More
2018-08-07 16:34
It is the fiftieth anniversary of the publication of Edward Abbey’s Desert Solitaire, which popularized the stark beauty of southeast Utah’s vast and seemingly untouched landscap… Read More
2018-07-24 20:51
The Bureau of Land Management just announced that it would no longer require compensatory mitigation for impacts to public lands. This fits with a larger theme. Since the early days of the T… Read More
2018-07-19 23:39
Today, the Fish and Wildlife Service released three proposed rules designed to change ESA implementation (the National Marine Fisheries Service is a coauthor of one of the three rules). This… Read More
2018-02-13 22:29
Last week, the Ninth Circuit decided Hawai’i Wildlife Fund v. County of Maui, a case involving Maui County’s practice of pumping wastewater into wells, from which the wastewater… Read More
2018-01-22 18:14
Today, the United States Supreme Court decided National Association of Manufacturers v. Department of Defense, a case determining whether challenges to the “Clean Water Rule” or… Read More
2017-12-05 17:59
The map of central and southern Utah has changed dramatically in the last 24 hours. Roughly half of the Grand Staircase-Escalante National Monument and over 90% of the Bears Ears National Mo… Read More
2017-12-05 17:24
Arizona State University recently announced its Call for Presentation and Panel Proposals for its Fourth Annual Sustainability Conference of American Legal Educators. The conference will be… Read More
2017-09-28 00:09
Lately, judicial deference to agency decision-making is a hot topic (by administrative law standards, at least). Judges and law professors are always talking about deference, but the recent… Read More
2017-09-01 16:21
Earlier this week, Lesley McAllister, who taught environmental law at the University of San Diego and then at UC Davis, passed away after a long battle with cancer. Among the many accomplish… Read More
2017-08-29 21:19
Several law schools are looking to hire environmental law professors this year. So I've put together a list of openings. The text below is pasted from position announcements if I have them… Read More
2017-08-21 16:59
The Washington Journal of Environmental Law & Policy (WJELP) invites submissions for papers and speakers for a symposium this winter, focused on environmental justice and the law. Submit… Read More
2017-08-16 17:09
Jonathan Rosenbloom, of Drake Law, has posted "Fifty Shades of Gray Infrastructure: Land Use & the Failure to Create Resilient Cities." In the article, Rosenbloom highlights the path dep… Read More
2017-07-12 22:03
For years, I, like many other professors, have been using case studies in the classroom. Some of my favorites have come from the Stanford Law School case study series and from Harvard Law Sc… Read More
2017-07-11 20:22
Professors Alexandra Klass (Minnesota Law) and John Echeverria (Vermont Law) will be co-hosting the 2017 Regulatory Takings Conference, to be held at the University of Minnesota Law School o… Read More
2017-06-27 21:21
EPA and the Army Corps of Engineers just released a proposal to repeal the Clean Water Rule and to return to previous regulations. The Clean Water Rule (also known as the WOTUS Rule) would h… Read More
2017-06-05 16:24
How do we tax water consumption? And how should we? These aren’t questions that either water lawyers or tax lawyers are accustomed to thinking about. Water lawyers do think, sometimes… Read More
2017-06-01 20:12
This post first appeared on The Rural Environment on May 31, 2017 (you can subscribe to posts from The Rural Environment here: https://ruralenvironment.net) In President Trump’s inaugu… Read More
2017-04-23 04:37
Brigham Daniels, a professor at BYU Law School, spoke today at Salt Lake City's March for Science. We asked for permission to post his remarks, and he agreed. According to Daniels, it was a… Read More
2017-04-20 21:50
At a recent admitted students event, a soon-to-be 1L with an interest in environmental law asked me what she should read this summer. I thought it was a good question, so I shared it with an… Read More
2017-04-12 23:49
The Trump Administration plans massive cuts to EPA’s budgets (the latest numbers suggest a cut of around thirty percent). For people who care about environmental quality, this is very… Read More
2017-04-04 01:26
By: Lesley McAllister When I teach environmental law, I dislike teaching the material dealing with constitutional law. I am thinking, for example, of the commerce clause cases challenging th… Read More
2017-03-13 21:24
By: Lesley McAllister Last Friday, UC Davis School of Law’s Environmental Law Society and the Environs journal held their 2017 Symposium, The Future of Climate Change Law & Policy:… Read More
2017-03-10 17:37
On Tuesday, the Ninth Circuit Court of Appeals released an important decision in Agua Caliente Band of Cahuilla Indians v. United States. The decision addressed whether the Agua Caliente Tri… Read More
2017-03-03 05:13
On Tuesday, President Trump signed an executive order directing EPA and the Army Corps of Engineers to begin work on a new rule defining the scope of federal jurisdiction under the Clean Wat… Read More
2017-03-01 21:38
By: Lesley McAllister Did you know that as of July 2016, we have a new federal law mandating that genetically engineered food be labeled? It is true – see 7 U.S.C. § 1639(b)(2)(D)… Read More
2017-02-16 05:06
For several recent days, the eyes of the nation were on the Oroville Dam in Northern California. A rainstorm atop heavy snowpack threatened to overfill Lake Oroville, and the outflows began… Read More
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