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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...

Annual Review of Chinese Environmental Law Developments: 2019

The Communist Party of China (CPC) reaffirmed its emphasis on environmental protection in a decision adopted by the fourth plenum of its 19th Central Committee, held in December 2019.1 Part 10 of this decision specifically addresses...

Bankruptcy Actions Involving Environmental Legacy Portfolios

This Article reviews the legal and environmental issues in bankruptcy matters involving: (1) a trustee responsible for dispersing funds to stakeholders, including those responsible for addressing environmental liabilities; or (2)...

No Road to Change: The Weaknesses of an Advocacy Strategy Based on Agency Policy Change

The Trump Administration has aggressively rolled back prior administrations’ environmental regulations and natural resource policies, and critics of this agenda have turned to the judiciary. A remarkable string of federal court...

Legal Tools for Achieving Low Traffic Zones

Cities around the world are looking to reduce greenhouse gas and other emissions from vehicles through the use of low emission zones and congestion pricing. These strategies have been employed to great success abroad, including in...

Commercial Spaceports: A New Frontier of Infrastructure Law

While a “spaceport” may sound like a concept mostly confined to science fiction, several commercial spaceports are in operation in the United States and abroad, and more are being developed. As the name suggests, spaceports, or...

A Game Changer in the Making? Lessons From States Advancing Environmental Justice Through Mapping and Cumulative Impact Strategies

This Article focuses on lessons learned from state practice in environmental justice (EJ) mapping and screening, and their relationship to the central issue of cumulative impacts—the reality that EJ communities typically suffer from a...

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...

Building Credibility: Lessons From the Leadership of William Ruckelshaus

The recent passing of William D. Ruckelshaus has recalled and re-invited comparisons between the Trump and Nixon presidencies. Although Ruckelshaus might be most widely remembered for the “Saturday Night Massacre,” a review of his...

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...

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