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Governance

Beyond Politics: The Private Governance Response to Climate Change

When the United States withdrew from the Paris Climate Agreement, 100 private corporations reaffirmed their commitment to fighting climate change. While governments are often tasked with facing climate change, many major private...

Legal Tools to Reduce Radon’s Risk: An Evaluation of Mandatory Radon-Resistant New Construction in Building Codes

According to the U.S. Environmental Protection Agency (EPA), residential exposure to radon gas represents the second-leading cause of lung cancer among smokers and the leading cause of lung cancer among nonsmokers in the United States....

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...

Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership

The Arizona Supreme Court vacated a ruling that a Native American tribe sufficiently alleged standing to bring a public nuisance claim against a resort using reclaimed wastewater to make artificial snow on the San Francisco Peaks in...

Puget Soundkeeper Alliance v. Wheeler

A district court vacated nationwide the Applicability Date Rule, which suspended the effect of the Clean Water Rule until February 2020 and required agencies in the interim to apply the pre-Clean Water Rule definition of "waters of the...

Atlantic Coast Pipeline, LLC v. Winstead

A district court temporarily stayed proceedings in which a pipeline developer sought access to a North Carolina farm for construction of the Atlantic Coast Pipeline. The landowner sought to stay the pipeline developer's attempt to...

An American (State) in Paris: The Constitutionality of U.S. States’ Commitments to the Paris Agreement

In June 2017, President Donald Trump confirmed that the United States will withdraw from the Paris Agreement. Almost immediately, individual states began to pledge their commitments to the Paris Agreement despite the lack of federal...

The First Amendment Implications of a Mandatory Environmental, Social, and Governance Disclosure Regime

It is undeniable that globalization has increased the extent to which corporate entities are connected to the daily lives of people from every corner of the world. Yet coupled to the growing reach of corporations is a growing demand...

United States v. California

A district court declared unconstitutional a California law that regulates the recording of conveyances of federal public lands in the state. DOJ argued that the state law, which grants the State Lands Commission the right of first...

Western Watersheds Project v. Michael

A district court ruled unconstitutional two Wyoming statutes that impose criminal and civil penalties for data collection on private land or public land accessed via private land. Environmental groups argued that the statutes violated...

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