The focus on improving state infrastructures reinforces the archaic reluctance to recognize climate change as a human-made phenomenon exacerbated by the global community, including multinational corporations.
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.
By James D. Cromley, J. Michael Showalter, & Schiff Hardin, Guest Contributors
How is air pollution affecting children and what measures can we take to protect them?
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?
Whether a project is one of “special merit” is often a “tug of war” among preservationists, developers, neighbors, and the community-at-large. One way to tug towards special merit status is to incorporate eco-friendly features into the new development.
Is it time to retire single-use plastics? Read more in this analysis posted via the Environmental Law Review Syndicate.
By Abigail Hogan and Alexander Steinbach, Staff Editors, Vermont Journal of Environmental Law
The proposed US-Mexico border wall may stop the migration of people, but what happens when it does stop the migration of animals?
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
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.
By Max Chaffetz, Managing Editor, Virginia Environmental Law Journal
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?
