Online Articles

Waiving Hello to the Wall: The Supreme Court's Denial of a Constitutional Challenge to Environmental Law Waivers at the U.S.-Mexico Border

February 14, 2019 by bcf27 Endangered Species Federal Rollbacks Wildlife

By Claire Fischer, Staff Contributor

The fight over the U.S.-Mexico border wall has sparked a very public debate in the United States. One lesser-known issue surrounding President Trump’s border wall, however, is its effect on the environment. The Supreme Court recently denied certiorari to three conservation groups seeking to halt border wall construction projects that failed to comply with long-standing environmental laws and harmed existing habitats. But why was this construction permitted in the first place?

Leaving Investors in the Dark: the SEC’s Growing Silence on Guidance Related to the Business and Legal Developments on Climate Change

February 7, 2019 by Caitlin Meagher Climate change Federal Rollbacks

By Capriel Stevenson, Staff Contributor

The physical impacts of climate change affect companies and their profitability drastically. The SEC released guidance in 2010 urging companies to disclose the risks from climate change but has not further urged companies in recent years. Instead, the SEC has shifted towards regulating other issues the current administration has prioritized, leaving investors in the dark about the financial impacts climate change has on businesses.

Several world leaders meet at the UN in Paris. Some have their hands linked and raised above their heads. Two others are clapping.

The Difficulties of Enforcing Global Environmental Law

February 1, 2019 by De Vann Sago Climate change International

By Taylor Kilduff, Staff Contributor

This post seeks to understand what caused the results of a recent United Nations (UN) report on the international environmental rule of law and outline the international community’s difficulties in implementing and enforcing environmental regulations. Both the domestic politics of individual states and the inherent nature of the international community contribute to the inability of international organizations like the UN to enforce environmental standards on a global scale.

Kids Take a Stand Against Climate Change, but Do They Have Standing?

January 25, 2019 by Rebecca Strauss Air Climate change Litigation

By Rourke Donahue, Staff Contributor

Twenty-one children are suing the federal government over its failure to address climate change. But does the public have a fundamental right to the environment and is climate change an appropriate issue for courts to address?

To Close or Not to Close: National Parks in the Face of Government Shutdowns

January 24, 2019 by Sang Koo

By Sylvie Yudin, Staff Contributor

Government shutdowns can have drastic effects on National Parks. It is up the administration under which the shutdown is occurring to decide whether or not to permit National Parks to remain open, and this decision can have lasting consequences on the environmental sanctity of the Parks.

Litigating the Alleged Carcinogenicity of Glyphosate in Monsanto’s Roundup: The Fairness (and Unfairness) of Deciding Causation Independent of Liability

January 17, 2019 by mjb443 Chemicals Litigation

By Leora Friedman, Staff Contributor.

The Northern District of California readies to hear the U.S.’s first federal test case regarding the carcinogenicity of Monsanto’s glyphosate-containing herbicide, Roundup. Controversially, in early January 2019, Judge Chhabria granted Monsanto’s request for bifurcation—agreeing first to litigate glyphosate’s causation to the plaintiff’s cancer and, only afterward, allowing evidence of Monsanto’s alleged efforts to sway agency positions on glyphosate. But can the reliability of scientific studies be determined without considering the institutions that may have housed and/or nurtured them?