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Governance

Breaking Precedent: SCOTUS in the Midst of a Pandemic

In County of Maui v. Hawaii Wildlife Fund, the U.S. Supreme Court held, 6-3, that the Clean Water Act requires a national pollutant discharge elimination system permit “when there is the functional equivalent of a direct...

Back to the Future: Creating a Bipartisan Environmental Movement for the 21st Century

With a contentious presidential election looming amidst a pandemic, economic worries, and historic protests against systemic racism, climate action may seem less pressing than other challenges. Nothing could be further from the truth....

A Framework for Community-Based Action on Air Quality

Over the past 50 years, tremendous progress has been made in reducing air pollution under the Clean Air Act. Nevertheless, while air quality has improved greatly for much of the nation, there are still places where the goal of attaining...

Update on Negotiation of a New International Environmental Agreement

International environmental law (IEL) has developed widely since the first global meeting in Stockholm in 1972. Accounts estimate that there are more than 500 multilateral environmental treaties (MEAs). However, the predicted future...

Time to Rethink the Supreme Court’s Interstate Waters Jurisprudence

This October Term, the U.S. Supreme Court will be asked to weigh in on three and possibly all four of its pending original jurisdiction controversies over interstate waters. The Court’s past judgments and opinions have established...

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...

Making Sustainability Disclosure Sustainable

The extent to which corporations should incorporate sustainability objectives into their operational decisionmaking is highly contested, as is the relationship between societal impact and economic value. At the same time, issuers are...

Sustainability Risk is Investment Risk

In her Making Sustainability Disclosures Sustainable article, Prof. Jill E. Fisch proposes creating a Sustainability Discussion and Analysis (SD&A) section to expressly obligate reporting companies to disclose their three...

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