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Governance

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.

ELI 2020 Corporate Forum: Reimagining Supply Chains

The coronavirus pandemic, the push for racial justice, and continued efforts to mitigate climate change have emerged as key challenges for corporations. At the center of this trifecta of change are supply chains; onequarter of the...

Time Has Come Today for Environmental and Climate Justice Legislation

Faced with interconnected crises—affordable housing, and environmental and climate injustice—in low-income, disadvantaged, and Black and Brown communities, this Comment asserts that President Joseph Biden should adopt the same or...

Down the Rabbit Hole With the IRS’ Challenge to Perpetual Conservation Easements, Part One

When the Internal Revenue Service began disallowing gifts of perpetual conservation easements for claimed failures of perpetuity requirements, it tumbled land trusts, landowners, and the U.S. Tax Court down the rabbit hole to a baffling...

Environmental Defense Fund v. U.S. Environmental Protection Agency

A district court granted summary judgment for environmental groups in a challenge to EPA's decision to make its Regulatory Science rule effective immediately upon publication in the Federal Register. The groups argued EPA's decision...

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...

Measuring Environmental Justice: Analysis of Progress Under Presidents Bush, Obama, and Trump

President Donald Trump’s environmental policies appear detrimental to the environmental justice (EJ) movement, but little work has been done to test their true impact on EJ. This Article offers a method for evaluating progress (or lack...

El Paso, Texas v. Trump

The Fifth Circuit, 2-1, affirmed in part and reversed in part a ruling enjoining the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. El Paso County and a nonprofit group...

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...