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Environmental Law and Policy/Governance

Safeguarding Against Distortions of Scientific Research in Federal Policymaking

The appropriate use of science in policymaking depends upon integrity in scientific research and in the ways in which that research is communicated and applied throughout the policymaking process. On May 22, 2019, the University of...

Environmental Deconfliction 2020: The National Defense Authorization Act for FY 2020

As in prior years, the National Defense Authorization Act for Fiscal Year 2020 contains a variety of provisions setting U.S. Department of Defense priorities for energy, environmental, and natural resource issues. These include measures...

How President Trump's War on Science Undermines Cost-Benefit Analysis of Climate Policies

This Article discusses the Trump Administration’s main actions to undermine the role of science in public policy and the consequences for cost-benefit analysis involving climate change policies. It analyzes the specific attacks on...

COVID-19 and Environmental Law

The COVID-19 pandemic will have far-reaching and even transformative implications for environmental law. Although the future trajectory of the pandemic remains uncertain, it has already brought many changes to how people live, and is...

Governing AI: The Importance of Environmentally Sustainable and Equitable Innovation

Artificial intelligence (AI) and complex machine learning algorithms have come to play a profound role in many of our day-to-day activities. We have finally landed squarely in the age of ubiquitous computing—a stage of computer-society...

Growing ESG Risks: The Rise of Litigation

As companies increase their environmental, social, governance (ESG) reporting and statements in response to market and shareholder demands, plaintiffs have pursued with growing success legal challenges to company claims and disclosures...

When Politics Trump Science: The Erosion of Science-Based Regulation

"Science is science and facts are facts. My administration will ensure that there will be total [scientific] transparency and accountability without political bias.” That was the promise made in September 2016 by then-candidate Donald...

Analysis of Environmental Law Scholarship 2018-2019

This article highlights the results of the Environmental Law and Policy Annual Review (ELPAR) article selection process and reports on the environmental legal scholarship for the 2018-2019 academic year, including the number of...

Deregulation Using Stealth “Science” Strategies [ABSTRACT]

In this Article, the authors explore the “stealth” use of science by the Executive Branch to advance deregulation and highlight the limited, existing legal and institutional constraints in place to discipline and discourage these...

Regulation and Distribution [ABSTRACT]

This Article tackles a question that has vexed the administrative state for the last half-century: how to seriously take account of the distributional consequences of regulation. The academic literature has largely accepted the view...

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