Harvard Environmental Law Review

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Endangered Species Act: Critical Habitat Designation After Weyerhaeuser

by

Eric Macomber

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I. Critical Habitat Designation and the Endangered Species Act
A. Background: Critical Habitat, Section 7 Consultation, and Critical Habitat Designation
The Endangered Species Act (ESA) of 1973[1] is the United States’ foremost legislation for the protection of vulnerable species.[2] A key aspect of the ESA’s statutory framework of protection … [Read more…] about Endangered Species Act: Critical Habitat Designation After Weyerhaeuser

Wildlife Law is a Local Issue, Too

by

David M. Walsh*

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Introduction
The Supreme Court’s 1920 decision in Missouri v. Holland set wildlife law on a trajectory it follows to this day. In upholding the Migratory Bird Treaty Act against a Tenth Amendment challenge, Justice Holmes wrote that migratory birds “can be protected only by national action.” And intuitively, that makes sense: wild animals … [Read more…] about Wildlife Law is a Local Issue, Too

Applying Consumer Protection Basics to Greenwashing “Recyclability” Cases

by

Alison Borochoff-Porte and John Cooper 

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Recent lawsuits have challenged the marketing of certain single-use plastics as “recyclable,” where the products in question are unlikely to be recycled. These “recyclability” greenwashing cases reflect growing consumer consciousness about the environmental effects of purchaser spending. The challenges raise connected … [Read more…] about Applying Consumer Protection Basics to Greenwashing “Recyclability” Cases

Climate Change Adaptation and the Protection of Indigenous Peoples’ Land & Resources in Latin America

by

By Terrence Neal* 

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Scientists predict that climate change will adversely impact the ancestral lands of the approximately fifty million indigenous people inhabiting Latin America and thereby undermine the cultural survival and livelihoods of many indigenous communities. For example, in 2020, wildfires intensified by abnormal drought conditions linked to … [Read more…] about Climate Change Adaptation and the Protection of Indigenous Peoples’ Land & Resources in Latin America

Standing to Appeal Administrative Decisions in Massachusetts: A Game of Bait and Switch?

by

Shaun A. Goho

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I. Introduction 

Courts, commenters, and advocates express diverging views about the appropriate degree of stringency courts should apply when assessing the standing of plaintiffs asserting environmental interests.  Regardless of where one stands on this issue, however, it should be uncontroversial that the rules governing access to the … [Read more…] about Standing to Appeal Administrative Decisions in Massachusetts: A Game of Bait and Switch?