Harvard Environmental Law Review zoning regulations Fracking, PA: The legal, the political, and the negotiable September 4, 2013 by hlsjrnldev By Ben Apple — Sept. 4, 2013 at 12:02pm There’s a battle over fracking in Pennsylvania—but it’s probably not the one you’ve heard about. For years now, the future of Pennsylvania’s fracking development has hung … Read more
Harvard Environmental Law Review wilderness Minard Run Oil Co. v. United States Forest Service August 1, 2012 by wpengine By Jonathan Thrope Minard Run Oil Co. v. United States Forest Service (Minard Run II) presents a traditional story with a unique cast of characters. The common law has long established that within a single parcel … Read more
Harvard Environmental Law Review White Stallion Energy Center v. EPA A New Cost of Cost-Benefit Analysis? November 7, 2013 by hlsjrnldev By Gabriel Daly — Nov. 7, 2013 at 12:10pm If an agency uses cost-benefit analysis (CBA) to inform its decision-making, what costs and what benefits should it consider? A case currently before the D.C. … Read more
Harvard Environmental Law Review wetlands The Geography of Trading Ecosystem Services: A Case Study of Wetland and Stream Compensatory Mitigation Markets April 10, 2012 by wpengine By Philip Womble & Martin Doyle With the exception of greenhouse gas trading programs, environmental markets are prisoners of their own geography — and with good reason. Climate change … Read more
Harvard Environmental Law Review voluntary programs An Interview with ELR Authors Coglianese & Nash June 16, 2014 by hlsjrnldev By Rachel Proctor May — June 16, 2014 at 10:25am In ELR Volume 38.1, published earlier this year, Cary Coglianese and Jennifer Nash examined the track record of Performance Track, EPA’s flagship voluntary program for companies … Read more
Harvard Environmental Law Review urban stormwater management Solving the CSO Conundrum: Green Infrastructure and the Unfulfilled Promise of Federal-Municipal Cooperation August 12, 2014 by hlsjrnldev By Caswell F. Holloway, Carter H. Strickland, Jr., Michael B. Gerrard, and Daniel M. Firger Faced with mounting infrastructure construction costs and more frequent and severe weather events due to … Read more
Harvard Environmental Law Review TrinCo Investment Co. v. U.S. Should the Federal Circuit Require Takings Plaintiffs to Demonstrate FTCA Exhaustion? October 21, 2013 by hlsjrnldev By David Baake — Oct. 21, 2013 at 11:41am Title 28 contemplates a clear distinction between cases for which the Constitution provides a damages action against the United States and … Read more
Harvard Environmental Law Review treaty obgliations A global solution to climate change: the possible impact of Bond v. United States October 1, 2013 by hlsjrnldev By Theresa Borden — Oct. 1, 2013 at 3:33pm New legislation to deal with the global problem of climate change may seem politically unrealistic given the current inhospitable environment in … Read more
Harvard Environmental Law Review transition policy 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 Transatlantic Trade and Investment Partnership Agreement Toxics & Trade: How TTIP Could Affect TSCA Reform September 11, 2013 by hlsjrnldev By Meg Holden — Sept. 11, 2013 at 7:20am Members of Congress have recently renewed efforts to reform the 1976 Toxic Substances Control Act (TSCA). In April 2013, Senator David Vitter … Read more