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Spraying the Skies: Stratospheric Aerosol Injection and Human Rights

Little has been said on how the just transition to a decarbonized world relates to the human right, recently recognized by the United Nations General Assembly, to a clean, healthy, and sustainable environment. This Article explores this relationship and how to build a framework that guides current and future climate change endeavors. It argues that the human right’s substantive and procedural content must incorporate just transition claims, which would help resolve whether and how to advocate for specific climate measures.

Dispelling the Myths of Permitting Reform and Identifying Effective Pathways Forward

Four myths are distorting the national debate over permit reform. First, it is misconceived as a singular issue, with the National Environmental Policy Act (NEPA) at its center. Second, reformers assume that federal reviews and permitting cause most project delays and failures. Third, there is a widespread belief that environmental laws are routinely weaponized against new infrastructure through obstructive litigation. Fourth, critics assert that environmental procedures and standards must be sacrificed to enable timely climate action.

The Role of Marine CO2 Removal in Combating Climate Change

Combating climate change requires not only rapid reduction of greenhouse gas emissions, but also removal of significant amounts of carbon dioxide (CO2) from the atmosphere. CO2 removal (CDR) comes in many different forms, but climate scientists and policymakers are focusing on the potentially important role of large-scale use of emerging ocean-based techniques, often referred to as marine CDR (mCDR). In the United States, mCDR in domestic waters is governed by a patchwork of laws and regulations.

Arizona State Legislature v. Biden

A district court granted the Biden Administration's motion to dismiss a challenge to the president's 2023 designation of Baaj Nwaavjo I’tah Kukveni—Ancestral Footprints of the Grand Canyon National Monument. The Arizona state legislature, a cattle rancher, and other plaintiffs argued Proclamatio...

New Orleans City v. Aspect Energy, L.L.C.

The Fifth Circuit affirmed a district court's denial of a motion to remand to state court a lawsuit concerning oil and gas production in New Orleans. The city of New Orleans sued several pipeline operators and a natural gas utility in state court, arguing they violated Louisiana's State and Local Co...

Unkechaug Indian Nation v. Seggos

The Second Circuit affirmed summary judgment for the New York State Department of Environmental Conservation (DEC) in a challenge to enforcement of regulations prohibiting the harvesting of American glass eels. An Indian tribe sued DEC and its commissioner, arguing a 1676 agreement between the Royal...

Massachusetts Lobstermen's Ass'n, Inc. v. Menashes

The First Circuit reversed a district court ruling in a challenge to NMFS' 2024 rule finalizing a 2022 emergency rule that seasonally banned vertical buoy lines used in lobster and Jonah crab trap fishing from certain federal waters off Massachusetts to reduce risk of injury or death to the endanger...