Harvard Environmental Law Review Print Articles Symposium: Climate Change and Global Justice: Crafting Fair Solutions for Nations and Peoples April 17, 2009 by hlsjrnldev March 5, 2009 Thanks to all the participants for making this event so stimulating and successful. Click here to watch a recording of the entire proceedings [quicktime required]. We also published … Read more
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 Print Articles Fearful Asymmetry: How the Absence of Public Participation in Section 7 of the ESA Can Make the “Best Available Science” Unavailable for Judicial Review July 12, 2015 by Harvard Law Development By Travis O. Brandon Recent empirical studies have shown that public participation is an essential part of the … Read more
Harvard Environmental Law Review Environmental Law Review Syndicate [ELRS] A Perfect Storm For Michigan’s Renewable Portfolio Standard? November 2, 2015 by By Sarah Stellberg, Editor-in-Chief, Michigan Journal of Environmental & Administrative Law Sarah Stellberg is a third-year student at the University of Michigan Law School, where she is Editor-in-Chief of the Michigan Journal of Environmental … Read more