Topic
Environmental and Energy Law
Posts
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NoteVol. 102 · Iss. 5
Crystal Courts and Muddy Waters: Wetland Regulation in a Post-Sackett World
In Sackett v. EPA, the Supreme Court held that the EPA lacks jurisdiction under the Clean Water Act to regulate wetlands, unless those wetlands…
Andrew R. Hilty -
ArticleVol. 102 · Iss. 2
Water Law Transitions in the Era of Climate Change
Although legal transitions—changes in legislation, regulations, or judicial decisions—are an inevitable part of legal progress, there are certain areas of the law where reform…
Luis Inaraja Vera -
ArticleVol. 101 · Iss. 1
The Case Against Regional Transmission Monopolies
Over the next decade, the United States will need to build significant regional transmission infrastructure to achieve the country’s goal of net-zero power by…
Kristen van de Biezenbos -
NoteVol. 88 · Iss. 3
Sucking the Air out of Wind Energy: Nuisance Litigation and Its Effect on Wind Energy Development
Global climate change is a major threat facing our country and the world. The consequences of climate change are likely to be significant and…
Ryan Kusmin -
NoteVol. 88 · Iss. 2
The Scope of “Plaintiffs’ Harm” in Environmental Preliminary Injunctions
Deep sea adventurer and advocate Jacques Cousteau once stated: “The happiness of the bee and the dolphin is to exist. For man it is…
Amber R. Woodward -
NoteVol. 94 · Iss. 5
Hoarders: Clarifying FERC’s Policy, as Articulated in Order No. 888, Against Withholding Electric Transmission Capacity
Adopted in 1998 with the express goal of curbing undue discrimination in the interstate market for electric transmission, Order No. 888 has been referred…
Sandy Kugbei -
ArticleVol. 94 · Iss. 4
Future-Proofing Energy Transport Law
The U.S. energy system is critical to every aspect of the nation’s economy and daily life. That energy system, in turn, is completely dependent…
Alexandra B. Klass -
ArticleVol. 95 · Iss. 2
Innovation Snowballing and Climate Law
Findings at the frontier of economics suggest startling implications of an under-appreciated fact about technological development: innovation builds on itself, developing path dependencies in…
Zachary Liscow & Quentin Karpilow -
ArticleVol. 96 · Iss. 3
Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?
The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to…
Mark P. Nevitt & Robert V. Percival -
ArticleVol. 92 · Iss. 4
Going the Way of the Dodo: De-Extinction, Dualisms, and Reframing Conservation
De-extinction, a suite of selective breeding or biotechnological processes for reviving and releasing into the environment members or facsimiles of an extinct species, has…
Alejandro E. Camacho -
ArticleVol. 89 · Iss. 1
Offsetting and the Consumption of Social Responsibility
This Article examines the relationship between individual consumption and consumption-based harms by focusing on the rise in consumption offsetting. Carbon offsets are but the…
Ezra Rosser