Online Articles

Going Beyond: When Can Courts Look Past the Record in an APA Review?

August 15, 2019 by De Vann Sago

By James D. Cromley & J. Michael Showalter, Guest Contributors, Schiff Hardin

A recent Supreme Court decision indicates that at times, courts may be able to look beyond the existing administrative record when reviewing administrative decisions. In Department of Commerce v. New York, the Court looked beyond the record and blocked an agency decision that found to be based on a “contrived,” pretextual rationale.

Duck, Duck, Sued! – CERCLA’s Game of Contribution Tag

April 27, 2019 by Rebecca Strauss Chemicals Litigation

By Sean Murphy, Staff Contributor

Imagine the polluters in a CERCLA Superfund suit sitting in a circle playing Duck Duck Goose. That’s right—this game isn’t just for kids. CERCLA, the Superfund statute lets polluters play a similar game of liability tag in contribution actions. But is CERCLA really all fun and games?

A Polymer Problem: How Plastic Production and Consumption is Polluting our Oceans

April 17, 2019 by Georgetown Environmental Law Review Environmental Law Review Syndicate Oceans Plastic pollution

By Abigail Hogan and Alexander Steinbach, Staff Editors, Vermont Journal of Environmental Law

Is it time to retire single-use plastics? Read more in this analysis posted via the Environmental Law Review Syndicate.

With Great Power Comes Great (Eco) Responsibility - How Blockchain is Bad for the Environment

April 6, 2019 by Christopher Felton Energy International Renewable Energy

By Kevin Hotchkiss, Staff Contributor.

Blockchain has been hailed as the future of technology. Although innovative, the system revolves around "proof of work," a process that is resource intensive simply for the sake of being resource intensive. How does this technological innovation collide with the international push for sustainable development

Clarifying the Endangered Species Act’s “Distinct Population Segment” Policy Through the Lens of Grizzly Bears

April 5, 2019 by Georgetown Environmental Law Review Endangered Species Environmental Law Review Syndicate Federal Rollbacks Litigation Wildlife

By Max Chaffetz, Managing Editor, Virginia​ Environmental Law Journal

How does the Endangered Species Act’s “Distinct Population Segment” policy apply to the iconic grizzly bear? Read more in this analysis posted via the Environmental Law Review Syndicate.

The Governance Framework for Arctic Biodiversity

March 29, 2019 by Samuel Ruddy Climate change International Wildlife

By Sang Koo, Staff Contributor

Biodiversity plays an important role in maintaining the overall health of the Arctic, but climate change poses a major threat as temperature increases have disrupted the region's ecosystem. What legal regime is currently in place to protect the Arctic?

China's Green Desert

March 28, 2019 by mjb443 Endangered Species International Natural Resources Public Lands Wildlife

By Timothy Park, staff contributor.

China has been one of the largest contributors to reforestation efforts through its Grain for Green Program. However, have all of their efforts actually helped the environment? One fatal flaw in the program is severely limiting the programs impact on the environment.