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Governance

The Impact of Justice Kennedy and the Effect of His Retirement

Justice Anthony Kennedy’s retirement in July has the potential to significantly affect the field of environmental law for years to come. The Supreme Court’s 2019 docket includes cases that cover a litany of environmental issues, and his...

Castles—and Roads—in the Sand: Do All Roads Lead to a “Taking”?

The law has been slow to acknowledge the unprecedented nature of sea-level rise. Unless and until the law adapts, past case law on coastal hazards exacerbated by sea-level rise provides the best guidance. This Article critically...

Solenex LLC v. Jewell

A district court vacated DOI's cancellation of an oil company's oil and gas lease in Montana. The company argued that cancellation after more than 30 years for a pre-lease NEPA violation that was never disclosed to the company was...

The Burden of Unburdening: Administrative Law of Deregulation

The Donald Trump Administration has been attempting to roll back a wide array of regulations, including rules that have governed methane emissions, established energy-efficiency standards, and defined “waters of the United States.” The...

A New Environmentalism: The Need for a Total Strategy for Environmental Protection

On the first Earth Day in 1970, Sen. Edmund Muskie (D-Me.) called for “a total strategy to protect the total environment.” More than 50 years later, the parameters of a “total strategy” are at last coming into view. Environmental...

Advocates for the West v. United States Department of Justice

A district court denied an environmental group's motion for summary judgment challenging DOJ's withholding of legal memos concerning the president's authority to shrink national monuments under the Antiquities Act. The group argued that...

Preventing Industrial Disasters in a Time of Climate Change: A Call for Financial Assurance Mandates

Financial assurance mandates (FAMs) may help induce coastal industries to invest in climate change adaptation. FAMs require companies to prove that they can pay for the liabilities they may incur—whether by drawing on their own...

Financial Assurance Mandates: No Substitute for Agency Expertise and Oversight

Zachary Arnold’s article on financial assurance mandates (FAMs) highlights an important issue of growing urgency: the exposure of industrial facilities—-many with toxic products or by-products—to risks of flooding exacerbated by sea-...

The Future of FAMs

Zachary Arnold’s proposal of a policy framework to prevent coastal industrial disasters is quite timely, coming as it does after the 2017 hurricane season on the East Coast, followed by the equally devastating wildfire season in the...

Applying a FAMiliar Question of Climate Change Scope and Scale: Financial Assurance Mandates and Coastal Risk Management

Just as our coasts have been defined and shaped by their surrounding lands and waters, the future scale and scope of climate change impacts in any one location will—in part—be defined by geography and surrounding landscape. Zachary...

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