The relationship between the Convention on Biological Diversity and the Trade-Related Aspects of Intellectual Property Rights regime under the World Trade Organization is complex. The manner in…

In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact…

On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the “30 by 30” program to “conserve” 30% of the nation’s lands and waters by 2030, but to date, the…

The rise of high-volume hydraulic fracturing has been accompanied by a suite of environmental and social concerns, including potential water and air contamination, greenhouse gas emissions, health…

[Editors' Summary: This Article is adapted from The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing ch. 2 (J. Cullen Howe &…

In a recent article in the Yale Law Journal, Profs. Thomas W. Merrill and Henry E. Smith express concerns about what they take to be the excessive abstraction of law-and-economics writing…

Any analysis of U.S. progress toward meeting the goals of Agenda 21 must include a hard look at the political will and actions toward reforming our system of land use controls. Land development…

Protecting healthy watersheds and restoring degraded ones is one of this country's major unmet environmental challenges. Because watersheds do not respect political boundaries, effective watershed…

Among certain academic circles, it has become common to assert that owners of private land take care of what they own. One encounters the claim most often in discussions about land-related…

The bedrock notion that courts should, in the overwhelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary, and classrooms. Leading the way are…