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Harvard Environmental Law Review [ELRS] With Energy Law Federalism Under Construction, State Policymaking May Be Delayed November 9, 2016 by By John Bullock, Executive Editor, Harvard Environmental Law Review.* This post is part of the Environmental Law Review Syndicate.  Introduction As the public has become more aware of the intense connection between the practices of electric utilities … Read more

Harvard Environmental Law Review [ELRS] Pipelines, Protests and General Permits November 7, 2016 by gglovin By Samantha L. Varsalona, Staff Member, Georgetown Environmental Law Review This post is part of the Environmental Law Review Syndicate.  Abstract The Dakota Access Pipeline (DAPL) has become a contentious topic in recent months. The controversy centers around Dakota Access, LLC[1], … Read more

Harvard Environmental Law Review [ELRS] An Ecology of Liberation: The Shifting Landscape of Environmental Law in an Era of Changing Environmental Values November 7, 2016 by By Michael Zielinski, Staff Member, William & Mary Environmental Law & Policy Review  This post is part of the Environmental Law Review Syndicate.  Introduction In 1971, the Peruvian theologian and … Read more

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

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