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Governance

Beyond Politics: The Private Governance Response to Climate Change

When the United States withdrew from the Paris Climate Agreement, 100 private corporations reaffirmed their commitment to fighting climate change. While governments are often tasked with facing climate change, many major private...

Legal Tools to Reduce Radon’s Risk: An Evaluation of Mandatory Radon-Resistant New Construction in Building Codes

According to the U.S. Environmental Protection Agency (EPA), residential exposure to radon gas represents the second-leading cause of lung cancer among smokers and the leading cause of lung cancer among nonsmokers in the United States....

Developments in Standing for Public Lands and Natural Resources Litigation

This Article offers a framework for analysis of potential developments in the law of standing in cases involving public lands and natural resources. It is based on recent federal case law and academic literature addressing the law of...

An American (State) in Paris: The Constitutionality of U.S. States’ Commitments to the Paris Agreement

In June 2017, President Donald Trump confirmed that the United States will withdraw from the Paris Agreement. Almost immediately, individual states began to pledge their commitments to the Paris Agreement despite the lack of federal...

The First Amendment Implications of a Mandatory Environmental, Social, and Governance Disclosure Regime

It is undeniable that globalization has increased the extent to which corporate entities are connected to the daily lives of people from every corner of the world. Yet coupled to the growing reach of corporations is a growing demand...

The Impact of Justice Kennedy and the Effect of His Retirement

Justice Anthony Kennedy’s retirement in July has the potential to significantly affect the field of environmental law for years to come. The Supreme Court’s 2019 docket includes cases that cover a litany of environmental issues, and his...

Castles—and Roads—in the Sand: Do All Roads Lead to a “Taking”?

The law has been slow to acknowledge the unprecedented nature of sea-level rise. Unless and until the law adapts, past case law on coastal hazards exacerbated by sea-level rise provides the best guidance. This Article critically...

The Burden of Unburdening: Administrative Law of Deregulation

The Donald Trump Administration has been attempting to roll back a wide array of regulations, including rules that have governed methane emissions, established energy-efficiency standards, and defined “waters of the United States.” The...

A New Environmentalism: The Need for a Total Strategy for Environmental Protection

On the first Earth Day in 1970, Sen. Edmund Muskie (D-Me.) called for “a total strategy to protect the total environment.” More than 50 years later, the parameters of a “total strategy” are at last coming into view. Environmental...

Preventing Industrial Disasters in a Time of Climate Change: A Call for Financial Assurance Mandates

Financial assurance mandates (FAMs) may help induce coastal industries to invest in climate change adaptation. FAMs require companies to prove that they can pay for the liabilities they may incur—whether by drawing on their own...

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