Online Articles

View from Main Street in Ludlow. Source: Joe Shlabotnik, https://www.flickr.com/photos/joeshlabotnik/16166710787, no changes made.

Slopes Submerged: Understanding and Addressing Flooding in Ludlow

February 8, 2024 by Nicholas Alois Climate change Regulations State and Local

Last summer, Ludlow, Vermont, experienced devasting flooding after several inches of rain fell in the area in one day. In this article, Nicholas Alois discusses the flood’s impact on the community, the long rebuild process, and recommended flood prevention and mitigation efforts moving forward.

Marriner S. Eccles Federal Reserve Board Building, Washington, D.C.

Basel III: Endgame and Tax Equity Investments: Risk Allocation in Green Energy and Climate Change

February 7, 2024 by Andrew Lloyd Bellah Climate change Regulations

Proposed changes to regulations affecting banks in the United States could potentially jeopardize wind, solar and other renewable energy projects that have relied on tax-equity financing to get off the ground, drawing criticism to regulators charged with the long-term stability of the financial system. The proposed rules, which require banks to hold greater reserves against direct investments in clean energy projects, play into a broader debate over whether a transition to sustainable energy and mitigating the existential risk of climate change fall within the purview of the Fed and other financial regulators.

The cattle industry, a major polluter, seems a natural target for more aggressive environmental regulation.

What’s for Dinner? The Environmental Regulatory Landscape Provides a Battleground for States to Fight Over the Meat Industry

January 5, 2024 by Eli Merkadeau Climate change Regulations State and Local

Against the backdrop of a Supreme Court highly skeptical of agency action, the meat industry has seen legislation from both states seeking environmental improvements and states looking to support their meat producers. Given the Court’s willingness to defer to impactful state legislation, states may be allowed to duke it out and try to exert control over the production of meat and meat alternatives on a national level.

Coal ash impoundments at retired Cape Fear power plant in North Carolina. Photo by Waterkeeper Alliance, Inc.

By Air, By Land, By Sea: EPA’s Comprehensive Approach to Addressing the Legacy of Coal Ash

November 15, 2023 by Chelsea Welch Chemicals Fossil Fuels Natural Resources Regulations State and Local

Newly proposed EPA regulations targeting coal ash pollution and an expected denial of Alabama’s proposed state regulatory program show EPA’s willingness to flex its muscles in addressing the legacy of one of the country’s largest industrial waste streams.

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.

Flash Flooding Across Roadways in Flatbush, Brooklyn New York on September 29th, 2023.

Disclosure is Not Enough: Assessing New York’s New Flood Disclosure Laws in Light of New Flooding

October 6, 2023 by Connor Kolet Climate change Regulations State and Local

After New York City experienced shocking flash floods on September 29th, its lack of long-term solutions to chronic flooding has come under media scrutiny. In this article, Connor Kolet addresses the shortcomings of new short-term disclosure policies for renters in flood zones, and why more needs to be done for low income and vulnerable tenants.

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.

Man fishing at dawn

Congress Puts Unregulated Fishing on the Hook

February 1, 2023 by Alyssa Greenstein Oceans Regulations Sustainability Wildlife

U.S. Senators Jack Reed (D-RI) and Jim Inhofe (R-OK), respectively the Chairman and Ranking Members of the Senate Armed Service Committee, and U.S. Representatives Adam Smith (D-WA) and Mike Rogers (R-AL), their counterparts on the House Armed Services…