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Governance

Natural Resources Defense Council v. Bodine

A district court granted EPA's cross-motion for summary judgment in a lawsuit concerning the Agency's issuance of a temporary policy that scaled back enforcement efforts during the COVID-19 pandemic. Environmental justice, public health...

Buffalo Field Campaign v. United States Department of the Interior

A district court granted in part and denied in part cross-motions for summary judgment in a lawsuit seeking FOIA disclosure of records concerning Yellowstone National Park's policy on the size of its bison population. A nonprofit group...

Climate Refugees in the Pacific

It is now scientifically proven that climate change is causing disruptions to the world at large. These slow-motion consequences threaten most coastal areas around the world, especially the Pacific Island nations.  Scientists...

Rethinking the Function of Financial Assurance for End-of-Life Obligations

This Article develops a new normative account of the function of financial assurance requirements (FARs) for end-of-life obligations in the energy sector. These obligations cover restoration of the site to its original condition or to a...

Under the Radar: A Coherent System of Climate Governance, Driven by Business

This Article argues that growing private efforts to address climate change collectively take on the attributes and functions of a governance system that could be vital to societal decarbonization. Instead of evaluating specific...

National Ass'n of Wheat Growers v. Becerra

A district court permanently enjoined a California Proposition 65 warning requirement on the weedkiller glyphosate. Agribusiness groups argued the law, which requires warning labels for products containing chemicals known to California...

Alford v. United States

The Federal Circuit reversed a Court of Federal Claims ruling that the U.S. government was liable for flooding private properties when it raised the water level of a lake in Mississippi to prevent a nearby levee from breaching....

People for the Ethical Treatment of Animals, Inc. v. Stein

A district court ruled unconstitutional provisions of a North Carolina statute that restricted undercover investigations of facilities and farms where animal testing or processing takes place. Nonprofit groups argued that provisions of...

EPA’s Criminal Prosecution and Punishment of Environmental Crimes

The U.S. Environmental Protection Agency (EPA) has the difficult mission of crafting complex environmental rules and regulations while considering the economic costs of those actions. The Agency must also engage in law enforcement...

Regulating CAFOs for the Well-Being of Farm Animals, Consumers, and the Environment

The livestock sector is one of the planet’s primary causes of resource consumption and environmental degradation. Approximately 99% of meat and other animal products in the United States are from factory farms, and the number of...

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