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…

International environmental law (IEL) has developed widely since the first global meeting in Stockholm in 1972. Accounts estimate that there are more than 500 multilateral environmental treaties (…

The extent to which corporations should incorporate sustainability objectives into their operational decisionmaking is highly contested, as is the relationship between societal impact and economic…

Sustainability disclosure is at an impasse. Today’s environmental, social and governance (ESG) disclosure is not delivering the decision-useful information financial markets need, yet the U.S.…

This Article tackles a question that has vexed the administrative state for the last half-century: how to seriously take account of the distributional consequences of regulation. The academic…

In her Making Sustainability Disclosures Sustainable article, Prof. Jill E. Fisch proposes creating a Sustainability Discussion and Analysis (SD&A) section to expressly obligate…

Prof. Jill E. Fisch has authored an excellent piece about sustainability disclosure. Her proposal to mandate a new Sustainability Disclosure and Analysis section of SEC filings is an interesting…