Online Articles

Plaintiffs in Held arrive for the final day of the historic trial. Credit: Thom Bridge, Independent Record via AP

What Held v. Montana immediately offers for Constitutional Environmental Rights

November 16, 2023 by Matthew Grabianski Climate change Litigation State and Local

Held v. Montana,[1] decided by Montana state court Judge Kathy Seeley last August, is already widely recognized as a landmark case in environmental law.[2] Much has been written about the ruling, which struck down a Montana provision that forbade state…

The Supreme Court building

What Overruling Chevron Could Mean for Environmental Law

November 6, 2023 by Berit DeGrandpre Litigation Regulations

The Supreme Court has agreed to reconsider the Chevron doctrine this term. This article explores why overruling or limiting the doctrine may not have a watershed impact on environmental law.

City skyline in orange haze

Inadequate Protections for Workers In a Warming World

October 2, 2023 by Agnes Enochs Air Climate change Litigation State and Local

July 2023 was the hottest month on record. As extreme temperatures become the norm, many workers find themselves without adequate workplace protections. With heat-related deaths on the rise, more must be done to secure workers' safety in a warming world.

A consumer considers which product to buy off the shelf and seems interested in one that claims to be “green.”

GREENWASHING: The Beginning or End of an Era of Environmental Deception?

September 28, 2023 by Charlie Dwight Chemicals Climate change Litigation Regulations

As American consumers focus more on how their consumption habits impact the environment, companies are seeking to capitalize by claiming their products are “green” even if these claims are dubious – a practice known as greenwashing. In this article, Charlie Dwight walks through the legal landscape of greenwashing and argues FTC and SEC enforcement would help crack down on the practice.

An elephant at the Bronx Zoo. Image by Tammy Lo.

The Elephant in the Room: New York’s Highest Court Takes Up Animal Rights

February 23, 2022 by Gianfranco Cesareo Endangered Species Litigation State and Local Wildlife

When the New York Court of Appeals agreed in May 2021 to hear the habeas corpus case of an Asian elephant named Happy, it marked the first time that the highest court of any English-speaking jurisdiction agreed to hear a habeas corpus case brought on…

Photo of the Sackett's Property

Rethinking Water: Supreme Court Revisits Sackett

February 2, 2022 by Priya Sinha Litigation Regulations Water

On Monday, January 24, 2022, the Supreme Court granted review of Sackett v. EPA to determine the definition of a “water of the United States,” or WOTUS, under the Clean Water Act (CWA). The outcome of the case could potentially reshape the reach of…