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Governance

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...

Environmental Rights, Public Trust, and Public Nuisance: Addressing Climate Injustices Through State Climate Liability Litigation

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 Corp. in 2018, alleging various state-...

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...

But Flooding is Different: Takings Liability for Flooding in the Era of Climate Change

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 planning and building them. This Article...

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...

Bullock v. United States Bureau of Land Management

A district court invalidated three resource management plans that were approved by BLM's acting director because he was not authorized to approve them. The governor of Montana and the state Department of Natural Resources and...

North American Butterfly Ass'n v. Wolf

The D.C. Circuit affirmed in part and reversed in part a lower court's dismissal of a conservation group's suit to block the Department of Homeland Security (DHS) from constructing a border wall near the National Butterfly Center in...

Sierra Club v. Trump

The Ninth Circuit affirmed, 2-1, a ruling in a lawsuit concerning the Trump Administration's use of military construction funds to build portions of a border wall along the U.S.-Mexico border. States and an environmental group...

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