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Environmental Law and Policy/Governance

Local Control Is Now “Loco” Control

Cities have become a critical source of innovation across a wide array of policy areas that advance inclusion, equitable opportunity, and social justice. In the absence of state and federal action, cities and other local governments...

State Preemption of Local Government: The Philadelphia Story

We are practitioners for the City of Philadelphia with extensive experience in cases and analysis regarding the extent to which the Commonwealth of Pennsylvania has, or has not, preempted local regulation in various subjects of concern...

Reforming Judicial Ethics to Promote Environmental Protection

Does the duty of environmental protection belong in the ethical rules for our profession? A number of scholars have explored whether lawyers should bear such duties. But little attention has focused on the possibility that “green ethics...

Analysis of Environmental Law Scholarship 2017-2018

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute’s (ELI’s) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a...

The Attack on American Cities

Cities often test the existing limits of their regulatory authority in areas like environmental protection, labor and employment, and immigration. The last few years witnessed an explosion of preemptive state legislation attacking,...

Herding Cats: Governing Distributed Innovation [Abstract]

Do-It-Yourself biology, 3D printing, and the sharing economy are equipping ordinary people with new powers to shape their biological, physical, and social environments. This phenomenon of distributed innovation is yielding new goods and...

Rethinking the Federal-State Relationship

Cooperative federalism can lead to more efficient and pragmatic environmental protection, and allow states to develop effective programs tailored to their needs and resources. Nevertheless, the future of the federal-state relationship...

The Impact of Citizen Environmental Science in the United States

An increasingly sophisticated public, rapid changes in monitoring technology, the ability to process large volumes of data, and social media are increasing the capacity for members of the public and advocacy groups to gather, interpret...

Fields of Dreams: An Economic Democracy Framework for Addressing NIMBYism

Local opposition to development of socially desirable facilities is one of the most important policy challenges in the United States. Despite decades of effort, a formula to reduce “Not in My Back Yard” (NIMBY) opposition is yet to be...

Environmental Deconfliction 2019: The National Defense Authorization Act for FY 2019

As in prior years, the National Defense Authorization Act for Fiscal Year 2019 contains a variety of provisions setting U.S. Department of Defense priorities for energy, environmental, and natural resource issues. These include...

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