In July 2021, the European Commission published a proposal for a Carbon Border Adjustment Mechanism (CBAM), part of a wider package of laws aimed at implementing the European Union (EU) Green Deal. The exact design of the CBAM is in flux, and priorities will have to be set. The chief concern is the compatibility of a CBAM with the law of the World Trade Organization (WTO). This Article explores whether and how the various CBAM design options under consideration can be reconciled with WTO requirements, focusing on a possible import border adjustment scheme.

In 2009, when carbon dioxide (CO2) levels were at 387.43 parts per million, the Center for Biological Diversity and 350.org submitted a citizen petition calling on the U.S. Environmental Protection Agency to take steps necessary to institute a national ambient air quality standard (NAAQS) for greenhouse gas (GHG) emissions under §§108-110 of the Clean Air Act (CAA). For 12 years, the petition was simply ignored. Then, the day President Donald Trump left office, outgoing EPA Administrator Andrew Wheeler issued a letter denying the petition.

This Comment asserts that hiring outside counsel in complex, specialized matters and recovering enforcement costs is crucial for local jurisdictions across the nation, especially in the code enforcement and nuisance abatement context, and discusses the California Court of Appeal's decision in City of Norco v. Mugar as a signal to cities and counties that access to outside legal counsel in the realm of code enforcement is squarely permissible and clearly necessary under California law.

Despite existing laws, communities across the United States are exposed to dangerous environmental conditions that can have devastating effects on public health. One emerging mechanism to address these issues are “green amendments,” self-executing provisions added to a state constitution that recognize and protect the rights of all people, including future generations, to pure water, clean air, and a stable climate.

In July 2021, the European Commission published a proposal for a Carbon Border Adjustment Mechanism (CBAM), part of a wider package of laws aimed at implementing the EU Green Deal. The exact design of the CBAM is in flux, and priorities will have to be set. The chief concern is the compatibility of a CBAM with the law of the World Trade Organization (WTO). This Article explores whether and how the various CBAM design options under consideration can be reconciled with WTO requirements, focusing on a possible import border adjustment scheme.

We are in the first phase of a second space age, building on exploration that led to the 1967 Outer Space Treaty. The year 2020 witnessed 110 orbital launches. Renewed activity in outer space, and new sources of investment and technology, will magnify and accelerate the potential environmental effects of space activities. Those venturing into or investing in space will need to keep abreast of the current applicable legal framework, and also look for ways to improve the law to address concerns related to pollution, contamination, and debris.

Since its inception in 1982, the U.S. Department of Justice’s Environmental Crimes Section (ECS) has prosecuted over 1,000 individuals and 400 corporations, cumulatively resulting in 800 years of incarceration and nearly $1 billion in criminal fines. Criminal enforcement tends to accelerate restitution of environmental damages more than if civil enforcement were pursued alone, and the money generated by criminal fines can be used to restore environmental damages or as general revenue for the federal government.

Because of persistent legislative attacks on the Endangered Species Act (ESA), some conservationists have made a strategic choice not to propose substantial adjustments to it. But conservation recommendations are long overdue, and improvements to the ESA and its implementing regulations and policies seem more possible in the current political climate. The University of California, Irvine School of Law and the Environmental Policy Innovation Center convened a broad dialogue within the conservation community seeking perspectives on those improvements.

One legacy of the environmental justice movement is documenting the unequal distribution of environmental harms and benefits throughout American society. These inequalities are inscribed in our urban physical spaces by laws and policies designed to exclude African Americans and other minority groups from lands and spaces constructed and preserved for whites only.

Despite the fact that multilateral development banks (MDBs) have been criticized for their unsustainable practices and projects, they can play a key role in tackling climate change. In order to be successful in shaping climate-friendly policies and practices, MDBs must align with the goals of the Paris Agreement. The United States can influence MDBs to align with the Agreement, and the Biden Administration has already taken strides to do so. This Article explores ways in which the Administration can further influence and assist the MDBs in reaching climate goals.