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Environmental Regulation

Bohmker v. Oregon

ELR Case

The Ninth Circuit affirmed a summary judgment rejecting a mining association's challenge to an Oregon law that prohibits the use of motorized mining equipment in rivers and streams containing essential salmon habitat. The association...

More Walk, Less Talk: Comment on How Cheap Is Corporate Talk?

ELR Article

This Comment attempts to mitigate the disconnect between company sustainability reports and risk statements in their Annual Reports using the "two audience" dilemma discussed in Colemans "How Cheap Is Corporate Talk? Comparing Companies...

How Cheap Is Corporate Talk? Comparing Companies’ Comments on Regulations With Their Securities Disclosures

ELR Article

When a public company describes the impact of a proposed regulation it must consider two audiences: regulators and investors. These conflicting incentives may lead to inconsistent messages. Oil companies facing costly regulations tailor...

Beyond Zero-Sum Environmentalism

ELR Article

Environmental law and environmental protection are often portrayed as requiring trade offs: “jobs versus environment;” “markets versus regulation;” “enforcement versus incentives.” In the summer of 2016, members of the Environmental Law...

Miami-Dade County v. Florida Power & Light Co.

ELR Case

A Florida appellate court reversed and remanded the state siting board's decision to permit a power company to construct and operate two new nuclear generating units and to install miles of new transmission lines in and near the East...

Reimagining Environmental Law for the 21st Century

ELR Article

Aldo Leopold's 1947 observation still rings true today: we are "slipping two steps backward for each forward stride." Environmental law, which once expressed a social movement, has failed to keep pace with comprehensive ecological...