Harvard Environmental Law Review [ELRS] Science And Deference: The “Best Available Science” Mandate is A Fiction in the Ninth Circuit November 7, 2016 by By Elizabeth Kuhn, Associate Editor, Lewis & Clark, Environmental Law* This post is part of the Environmental Law Review Syndicate. Introduction Many recent decisions by the Ninth Circuit[1] have required the court … Read more
Harvard Environmental Law Review [ELRS] WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow October 21, 2016 by By Hume Ross, Executive Editor, Georgetown Environmental Law Review This post is part of the Environmental Law Review Syndicate. Introduction Before World War … Read more
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Harvard Environmental Law Review [ELRS] A Primer on Rails-to-Trails Conversions in the Eastern U.S. May 2, 2016 by By Garrett M. Gee, Staff Member, William & Mary Environmental Law and Policy Review. This post is part of the Environmental Law Review Syndicate. Introduction The Rails-to-Trails Act (“Trails Act”) provides localities and nonprofits with a useful … Read more
Harvard Environmental Law Review [ELRS] Ethical Convergence and the Endangered Species Act April 25, 2016 by By Caitlin Troyer Busch, Stanford Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. Introduction The Endangered Species Act (ESA) is both lauded and criticized … Read more
Harvard Environmental Law Review [ELRS] Adapting the Paris Agreement April 18, 2016 by By Bonnie Smith, Staff Editor, Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. Introduction For the first time in the history of international climate negotiations, … Read more
Harvard Environmental Law Review 2016 Symposium: FERC v. EPSA April 14, 2016 by Cameron Partovi In Federal Energy Regulatory Commission v. Electric Power Supply Ass’n, the Supreme Court upheld FERC’s authority over “demand response”—bids of reductions in electricity consumption into wholesale markets—under the Federal Power Act, and held that FERC’s decision to compensate demand response providers … Read more
Harvard Environmental Law Review [ELRS] It is Time for Oregon to Define Its Public Trust Duties April 11, 2016 by By Olivier Jamin, Online Journal Editor, Environmental Law (Lewis & Clark Law School) This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. Introduction The … Read more
Harvard Environmental Law Review [ELRS] Towards a Middle Path: Loss & Damage in the 2015 Paris Agreement April 4, 2016 by By Maryam Al-Dabbagh, Graduate Editor of the NYU Environmental Law Journal This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. Introduction In the lead-up … Read more
Harvard Environmental Law Review Environmental Law SSRN Reading List: March 2016 March 31, 2016 by We’re back again with the Harvard Environmental Law Review‘s last monthly Environmental Law SSRN Reading List of the school year. Check out this month’s selections below: Cost-Benefit Analysis and Arbitrariness Review by Cass Sunstein (Harvard Environmental Law Review, Forthcoming) (arguing that whenever a statute … Read more