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Governance

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,...

Electric Utility Wildfire Liability Reform in California

As climate change worsens, so does the risk of wildfires. This is especially so in already hot, dry areas such as the western United States. Adding to this problem is the rapid growth of the wildland-urban interface (WUI). As more and...

EPA’s Existing Authority to Impose a Carbon “Tax”

A number of bills have been introduced in recent years to put a price on carbon via a federal carbon tax. These proposals generally proceed from the implicit assumption that the federal government in general, and the U.S. Environmental...

Flowing Water, Flowing Costs: Assessing FERC’s Authority to Decommission Dams

This year, 2019, marks the 20th anniversary of the removal of the Edwards Dam, one of the first functioning hydroelectric dam to be decommissioned and removed in the United States. It was also the first to be removed under the Federal...

Free Trade, Fair Trade, and Selective Enforcement

The notion of “fair” trade implies that trade agreements should protect values other than pure trade liberalization. But which values must be protected in order for trade to be “fair”? This Article makes two novel contributions. First,...

Selective Enforcement of Trade Laws: A Problem in Need of Fixing to Advance Environmental Goals?

Prof. Timothy Meyer has written a thought-provoking article about how governments selectively enforce trade laws in ways that undermine environmental interests. He argues trade enforcement against products with social benefits (i.e.,...

Fixing a Broken System That Promotes Climate Change and Depletion of Global Fisheries: WTO Subsidy Reform Is Just the Tip of the (Melting) Iceberg

Our planet is hurtling toward dramatic and devastating impacts from climate change caused in large part by our reliance on fossil fuels. Meanwhile, liberalized trading rules have promoted a global economy heavily reliant on trade, which...

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...

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