Volume 39, Issue 4
New regulations under National Environmental Policy Act, Endangered Species Act, and Federal Land Policy and Management Act will impact renewable energy development and wildlife protection on public…
Recent administrative law reforms from the Supreme Court open the doors to more effective use of rulemaking petitions to compel agency action in the environmental space and beyond.
A trend of courts concluding that the APA’s scope of review does not apply to ESA citizen suits has led to courts adhering to the APA’s standard of review but abandoning its scope of review where ESA…
With little efficacy, citizen litigation against the Wild Horse and Burro Program presents a tension between the solicitation of legal enforcement and stymying legal management.
This article reviews the claims, defenses, remedies, and key decisions in state and local government law lawsuits against oil companies for climate change damage.
The Supreme Court limits on Article III standing disproportionately favor the industrial (or state) litigant claiming economic injury over the environmental activist claiming impairment of environmen…
The Supreme Court’s increasing reliance on congressional silence to infer legislative intent is unconstitutional, contradicts the Congressional Review Act, and hinders effective regulatory governance…
Environmental and climate change litigants can use the major questions doctrine to challenge anti-environmental regulations and highly polluting agency actions.
The Supreme Court’s decision in Securities and Exchange Commission v. Jarkesy has significant implications for administrative civil penalty enforcement in environmental matters.
The Trump administration has frozen billions of dollars in clean energy grant and loan funding appropriated by Congress under the Inflation Reduction and the Infrastructure and Jobs Act; but is it le…
This issue explores the often unsung procedural and administrative law sides of environmental, natural resources, and energy law during one of the most turbulent changes of presidential administratio…
A long-time environmental law professor reflects on her career and looks forward to her future service as she enters retirement, realizing that the world needs passionate environmental advocates now…
Reviews of the books The High Seas: Greed, Power and the Battle for the Unclaimed Ocean...; Power Metal: The Race for the Resources...; and Wetlands Law and Policy: Understanding Section 404 (2d ed.)…
The 2025 presidential election has precipitated major shifts in federal policies, court decisions, and agency actions related to the environment, natural resources, and energy.
Jurisdictional questions continue to complicate disputes over whether state or federal courts are the proper forum for PURPA enforcement cases.
The Infrastructure Investment and Jobs Act proposed a momentous and historic $1.2 trillion for infrastructure spending. Is the IIJA fulfilling its promises almost three years later?
The Supreme Court will review whether the NRC can license private nuclear waste storage facilities and who has standing to challenge agency decisions.
This article explores the importance of supply chain awareness under various European Union regulations and their impact on ethical business practices.
The permitting and buildout of CCS projects is rapidly increasing, but legal challenges may slow the pace. Two Louisiana-based challenges serve as instructive examples.