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Environmental Law and Policy/Governance

Leveraging Science to Inform Proactive and Reactive Risk Management

The production, transport, use, and disposal of industrial and consumer products may pose risks to human and environmental health. Product stewardship is the practice of characterizing and managing human health and...

Texas Ass'n of Manufacturers v. United States Consumer Product Safety Commission

The Fifth Circuit upheld a rule issued by the Consumer Product Safety Commission prohibiting the manufacture and sale of children's toys and childcare articles that contained concentrations of more than 0.1% of any one of five...

Biden v. Sierra Club

The U.S. Supreme Court granted the Biden Administration's request to cancel arguments and suspend further proceedings in a lawsuit concerning the Trump Administration's plans to build a border wall along the U.S.-Mexico border.

Safeguarding Against Distortions of Scientific Research in Federal Policymaking

The appropriate use of science in policymaking depends upon integrity in scientific research and in the ways in which that research is communicated and applied throughout the policymaking process. On May 22, 2019, the University of...

Environmental Deconfliction 2020: The National Defense Authorization Act for FY 2020

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 resource issues. These include measures...

How President Trump's War on Science Undermines Cost-Benefit Analysis of Climate Policies

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. It analyzes the specific attacks on...

COVID-19 and Environmental Law

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 many changes to how people live, and is...

Governing AI: The Importance of Environmentally Sustainable and Equitable Innovation

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 ubiquitous computing—a stage of computer-society...

California v. U.S. Environmental Protection Agency

The Ninth Circuit overturned a ruling denying EPA's motion to modify an injunction requiring it to promulgate a federal landfill emissions plan by November 6, 2019. The appellate court held that the district court abused its discretion...

Growing ESG Risks: The Rise of Litigation

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 challenges to company claims and disclosures...

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