Governance

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…