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Environmental Law and Policy/Governance

Ethics and the Human Enterprise in the Anthropocene Age

In the first decades of the 21st century, those working to assure that earth continues to be a viable home for humanity as well as for all other life have been in a crisis regarding their purpose and direction. This is a departure from...

The Meat of the Matter: Shoring Up Animal Agriculture at the Expense of Consumers, Animals, and the Environment

This Article analyzes the recent proliferation of “tag-gag” laws aimed at undermining the emerging plantbased and cell-based food industries. It examines potential constitutional challenges to these laws, including those based on the...

Resisting Regulatory Rollback in the Trump Era: The Case for Preserving CZMA Consistency

On March 11, 2019, the National Oceanic and Atmospheric Administration published an advance notice of proposed rulemaking to amend regulations that implement the Coastal Zone Management Act’s (CZMA’s) consistency requirement. This...

The Case for a Legislated Market in Minimum Recycled Content for Plastics

The plastic packaging industry faces mounting shareholder and public pressure to reduce the environmental impact of post-consumer plastic packaging. The recycled plastics market in the United States is positioned for growth; however,...

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...

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...

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...

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