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Natural Resources

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...

Zeroing Out Climate Change: A “Hard Look” at Trump’s Social Cost of Carbon

President Donald Trump has referred to climate change as a “hoax,” and in March 2017 issued Executive Order No. 13783, Promoting Energy Independence and Economic Growth. Section 5 of this Order directs federal agencies to discontinue...

Superstorm Sandy at Five: Lessons on Law as Catalyst and Obstacle to Long-Term Recovery Following Catastrophic Disasters

Nine of the 10 costliest U.S. hurricanes on record have ravaged the Atlantic and Gulf Coasts in the first two decades of the 21st century, yet federal, state, and local governments continue to struggle with devising an efficient and...

Managing Property Buyouts at the Local Level: Seeking Benefits and Limiting Harms

Efforts to conduct buyouts of at-risk properties are an increasingly popular resilience tool, especially in response to massive flooding losses in recent years and the financial predicament of the National Flood Insurance Program. Calls...

Floodplain Buyouts: How Local Governments Can Maximize Community Benefits, Habitat Connectivity, and Resilience

Since 1993, FEMA’s Hazard Mitigation Grant Program has funded the acquisition of over 37,000 flood-damaged properties. On these purchased properties, existing structures must be removed and the land dedicated to open space, recreational...

Caring for the Orphans: Approaches for Mitigating Fugitive Methane Emissions From Orphaned Oil and Gas Wells

Recent scientific research indicates fugitive methane emissions from abandoned oil and gas wells may contribute more to climate change than methane leakage from oil and gas production. Yet current orphaned well regulations fail to...

A Disaster by Any Other Name: Improving Assistance to States and Individuals During Long-Term Disasters

Disasters and emergencies come in all shapes and sizes. Some are man-made while others are a result of natural events. The federal government has a system in place under the Robert T. Stafford Disaster Relief and Emergency Assistance...

Planning for the Effects of Climate Change on Natural Resources

Climate change has important implications for the management and conservation of natural resources and public lands. The federal agencies responsible for managing these resources have generally recognized that considerations pertaining...

DOJ/ENRD Symposium on The Future of Environmental Law

On November 4, 2016, DOJ’s Environment and Natural Resources Division convened an extraordinary group of legal scholars and practitioners to discuss “The Future of Environmental Law.” Speaking before the presidential election but...

Environmental Impact Assessment in China and the United States: A Comparison

Environmental impact assessment (EIA) is a fundamentally important part of the legal systems in both the United States and China. In this Article, the authors compare and contrast the development of EIA in the two countries, including (...

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