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Jumping Through Hoopa: Complicating the Clean Water Act for the States

Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are required to set conditions within one year or they forgo their ability to do so. In practice, the one-year review is difficult for states to meet and led to a common practice known as “withdraw and resubmit” in which states could reset the clock. But in Hoopa Valley Tribe v. Federal Energy Regulatory Comm’n, the D.C.

Compliance Models for Off-Grid Wastewater Treatment and Reuse

Throughout the world, people struggle to gain access to stable sources of clean water. While there are increasingly innovative solutions being developed, many communities simply do not have access to efficient, centralized wastewater management systems, and as a result, face difficulty finding reliable sources of water for daily use. There is a great need to implement novel systems that can fill the gap, especially for isolated or “off-grid” communities.

Federalism's Blind Spots: The Crisis of Small Drinking Water Systems

Drinking water contamination in Flint, Michigan, has garnered much-needed nationwide attention, but such contamination is neither isolated, nor a primarily urban problem. A hidden water crisis is straining thousands of smaller communities that share Flint’s risk factors—shrinking populations, social marginalization, and deficient funds. This Article posits that the Safe Drinking Water Act’s increasingly decentralized monitoring and funding scheme has drained communities of the capacity to deliver safe water.

Environmental Justice, Just Transition, and a Low-Carbon Future for California

We must substantially reduce carbon emissions within a short time line, and this rapid decarbonization will cause negative economic and social impacts on workers and communities dependent upon fossil fuel extraction and use. “Just transition” often refers to addressing the needs of those communities, but an equitable transition into a low-carbon future should also take into account environmental justice communities that have suffered from disproportionate exposure to environmental hazards and that could and should benefit from job creation.

Renewable Energy: Corporate Obstacles and Opportunities

In the absence of a national mandate to intensify use of renewable energy, many corporations are increasing their own reliance on renewables. Numerous utilities are likewise transitioning toward wind, thermal, and solar power. But renewable energy continues to face challenges, including battery storage, grid expansion and incorporation of renewables into the grid, initial project costs, and regulatory barriers. How are utilities and energy-consuming companies increasing their renewables portfolios while navigating this terrain?

Climate Change and the Role of Emerging Economies

The principles of “common but differentiated responsibility” (CBDR) and sustainable development play an integral role in international environmental law. However, these principles have come under fire in recent years, particularly from the global North, which has grown impatient over the lack of contribution on climate change from the emerging economies. Much effort has been expended toward the establishment of greater contribution, and the shouldering of greater responsibility from these countries.

Democracy Defense as Climate Change Law

In 1990, when the Clean Air Act (CAA) was last substantially amended, atmospheric carbon dioxide levels stood at about 350 parts per million (ppm). Now they are close to 414 ppm, and the U.S.

The Reasonable Investor and Climate-Related Information: Changing Expectations for Financial Disclosures

In recent years, the drumbeat for more expansive climate-related corporate disclosures has grown louder and more consistent within a broader swath of the financial community. This intensifying call argues for considering more climate-related information legally material under existing U.S. securities disclosure law. A key component of materiality as defined in U.S. securities law—who is a “reasonable investor”—is evolving when it comes to climate-related information. This evolution may soon impact what climate-related information courts consider material.

Sources to Sinks: Expanding a National CO2 Pipeline Network

Enhanced oil recovery has generated an immense and growing market for carbon dioxide (CO2), which has uses in manufacturing, medical, and industrial settings. In the next 30 years, these combined end-uses will necessitate a three- to fivefold expansion of existing CO2 transportation infrastructure in the United States. A more flexible, extensive, and integrated CO2 pipeline network is necessary to accommodate this growing demand.