Volume 39, Issue 1
How U.S. constitutional law might inform and influence governmental policies for climate displacement, potentially affecting millions of citizens, and whether traditional protections are adequate or…
The Supreme Court remand decision on property rights could impact local capacity to manage land use and fund infrastructure for public services.
Regional planning for renewable energy and transmission development on federal public lands could promote community engagement, appropriate project siting, and efficient agency review.
A discussion of what the key financial incentives for solar development on brownfields are and how developers can mitigate associated legal risks.
Carbon capture projects require pore space, a newly important interest in property. This article analyzes states’ approaches to pore space ownership and key considerations for developers when acquiri…
Climate planning needs to address aviation emissions, as the industry cannot place carbon emissions reduction obligations solely on the shoulders of individual commercial flight passengers.
This article analyzes the use of conservation easements in the protection of agriculture and their impact and associated benefits.
Drought in the West is accelerating laws aimed at what we irrigate in urban spaces; they aren’t enough on their own, but they're a start.
Explore the evolving investigation, disclosure, remediation, liability, and other legal and regulatory burdens PFAS contamination can present in industrial/commercial real property transactions and P…
Assessing the reasons for diminished property values can be important for certain causes of action and to ensure adequate, but not duplicative recovery.
This article tells the history of tribal policy and property rights and discusses how that history impacts today’s environmental regulations.
A preview of NR&E's Property issue, exploring how property is the foundation for many of the United States' and the larger world's legal constructs.
CERCLA is not dead despite being written off by many; it is breathing new life with regulation of emerging contaminants, such as PFAS.
Reviews of The Accidental Ecosystem: People and Wildlife in American Cites, Eight Bears: Mythic Past and Imperiled Future, and Environmental Law Before the Courts: A US-EU Narrative.
The world’s top emitters of greenhouse gas emissions, China and the United States, are also leaders in the development of “clean technology” in an effort to combat climate change.
Changes in policy and legislation surrounding supplemental environmental projects could allow aggregating settlement payments to fund environmentally beneficial projects advancing environmental goals…
The Biodiversity Beyond National Jurisdiction Treaty, which seeks to protect marine biodiversity on the high seas, has entered the ratification process.
EPA’s new Methane Rule imposes strict new rules governing emissions but already faces litigation from states and the oil and gas industry.
This article explores the potential impacts of SCOTUS’s evolving administrative law jurisprudence (i.e., “major questions” and the unraveling of Chevron deference) with offshore wind permitting.