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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...

Measuring Environmental Justice: Analysis of Progress Under Presidents Bush, Obama, and Trump

President Donald Trump’s environmental policies appear detrimental to the environmental justice (EJ) movement, but little work has been done to test their true impact on EJ. This Article offers a method for evaluating progress (or lack...

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...

Environmental Rights, Public Trust, and Public Nuisance: Addressing Climate Injustices Through State Climate Liability Litigation

This Article focuses on an area of rapidly evolving jurisprudence—climate liability litigation. It examines in depth the state attorney general’s complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-...

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...

But Flooding is Different: Takings Liability for Flooding in the Era of Climate Change

With the increased risk of flooding due to climate change, potential liability from construction and maintenance of flood control measures is a major consideration governments must consider when planning and building them. This Article...

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....

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