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The Supreme Court Opens a Door in ARCO v. Christian, Part Two

In its Atlantic Richfield Co. v. Christian opinion, the U.S. Supreme Court addressed the timing of judicial review in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as well as landowners’ status as potentially responsible parties for property within the boundaries of a Superfund site. The Court, however, left preemption issues raised by the parties for another day. This Article analyzes the opinion in light of the site’s long history, and offers insights on how it might affect the federal cleanup program going forward.

Using Blockchain to Address the IPCC’S Climate Change Mitigation Strategies

Many believe blockchain technologies (BCTs) will soon permeate our lives. In particular, they can be utilized to help tackle global climate change. This Article provides a baseline description of BCTs, and ways they can be utilized to reduce GHG emissions in electricity and energy generation; agriculture, forestry, and other land use; industry; and transport.

Functional Equivalency? Assessing Groundwater Discharges Under County of Maui

The U.S. Supreme Court issued its ruling in County of Maui v. Hawaii Wildlife Fund on April 23, 2020. Until then, there was a split among the circuit courts as to whether discharges to navigable waters through groundwater are regulated under the Clean Water Act (CWA). The impact of this issue could be widespread, possibly bringing many more water-related projects into the CWA process. As a result of the Court’s decision, the issue may require additional time to proceed through the regulatory process.

Single-Use Plastics and the Pandemic

The COVID-19 pandemic is testing the balance between sustainability and human safety on a global scale. After more than six years of momentum for banning a variety of single-use plastic types, the pandemic brought many of these achievements to a standstill. On December 15, 2020, the Environmental Law Institute hosted a panel of experts that explored the pandemic’s repercussions for overconsumption of single-use plastics. This Dialogue presents a transcript of the discussion, which has been edited for style, clarity, and space considerations.

Leveraging Science to Inform Proactive and Reactive Risk Management

The production, transport, use, and disposal of industrial and consumer products may pose risks to human and environmental health. Product stewardship is the practice of characterizing and managing human health and environmental impacts throughout a product’s life cycle. Through risk assessment, companies can understand the intrinsic hazards of chemicals and quantify the likelihood (risk) that exposures may damage human health and the environment.

Down the Rabbit Hole With the IRS’ Challenge to Perpetual Conservation Easements, Part One

When the Internal Revenue Service began disallowing gifts of perpetual conservation easements for claimed failures of perpetuity requirements, it tumbled land trusts, landowners, and the U.S. Tax Court down the rabbit hole to a baffling land below. The Service’s drop into matters beyond valuation and into elements intended and necessary for easement durability and flexibility has caused a confusing array of Tax Court decisions.