Harvard Environmental Law Review Print Articles Transition Policy in Environmental Law April 1, 2011 by wpengine By Bruce R. Huber Embedded within the structure of much American environmental regulation is a distinction between the new and the existing. This distinction reflects a recurrent political challenge for environmental policymakers: whether and how to mitigate regulatory burdens … Read more
Harvard Environmental Law Review Print Articles Remarks: New Directions in Environmental Law: A Climate of Possibility August 1, 2011 by wpengine By Lisa Heinzerling On April 2nd, 2011, the Yale Environmental Law Association, together with a diverse group of students, academics, and practitioners, gathered for the first conference of the New Directions in Environmental Law … Read more
Harvard Environmental Law Review Print Articles Two Cheers for Feasible Regulation: A Modest Response to Masur and Posner August 1, 2011 by wpengine By David M. Driesen This Article compares the relative merits of feasibility and cost-benefit based regulation, responding to a recent article by Jonathan Masur and Eric Posner on this topic. Normatively, it … Read more
Harvard Environmental Law Review Print Articles Expediting Innovation April 10, 2012 by wpengine By Sarah Tran Private incentives to innovate and commercialize many technologies are often inadequate in terms of their social benefits. With America’s economic leadership position at risk of slipping, it becomes increasingly important to consider what measures public entities can take to … Read more
Harvard Environmental Law Review Print Articles The Endangered Species Act’s Fall From Grace in the Supreme Court August 1, 2012 by wpengine By J.B. Ruhl Thirty-five years ago, the Endangered Species Act (“ESA”) had as auspicious a debut in the U.S. Supreme Court as any statute could hope for. In Tennessee Valley Authority v. Hill, … Read more
Harvard Environmental Law Review Print Articles Federalism in the Air: Is the Clean Air Act’s “My Way or No Highway” Provision Constitutional After NFIB v. Sebelius? October 17, 2012 by wpengine By David Baake Since the New Deal era, the Supreme Court has interpreted the Spending Clause to permit Congress to use conditional grants to … Read more
Harvard Environmental Law Review Print Articles Perpetuity Is Forever, Almost Always: Why It Is Wrong To Promote Amendment and Termination of Perpetual Conservation Easements May 14, 2013 by wpengine By Ann T. Schwing When a landowner makes a charitable gift of a conservation easement to a nonprofit organization or government entity and elects to seek … Read more
Harvard Environmental Law Review Article Expediting Innovation April 10, 2012 by wpengine By Sarah Tran Private incentives to innovate and commercialize many technologies are often inadequate in terms of their social benefits. With America’s economic leadership position at risk of slipping, it becomes increasingly important to consider what measures public entities can take to promote … Read more
Harvard Environmental Law Review Article Toward an International Aviation Emissions Agreement August 1, 2012 by wpengine By Brian F. Havel & Gabriel S. Sanchez It is impossible to predict the eventual stopping place of the climate change discourse. If current evidence is to be believed, international dialogue will intensify as we draw nearer to the … Read more