By Samantha L. Varsalona Georgetown University Law Center, Class of 2018 Staff Member, Georgetown Environmental Law Review This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. Abstract The Dakota Access Pipeline (DAPL) has become a contentious topic in recent months. The controversy centers around Dakota Access, LLC[1], a subsidiary of Energy…
This week’s post, Science and Deference: The “Best Available Science” Mandate Is A Fiction In the Ninth Circuit, was written by Elizabeth Kuhn, Class of 2017, at Lewis & Clark Law School. Read the post here.
Elizabeth Kuhn* This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. I. Introduction Many recent decisions by the Ninth Circuit[1] have required the court to review agency actions under the Administrative Procedure Act[2] (APA) arbitrary or capricious standard.[3] The Supreme Court has held that the arbitrary or capricious standard is a…
This week’s post — An Ecology of Liberation: The Shifting Landscape of Environmental Law in an Era of Changing Environmental Values — was written by Michael Zielinski, Class of 2017, at William & Mary Law School. Read the post here.
By Michael Zielinski, William & Mary Law School, Class of 2017 This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. I. Introduction In 1971, the Peruvian theologian and Dominican priest Gustavo Gutiérrez published his seminal work, A Theology of Liberation, in which he advocated an activist approach to Christianity based on…
WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow, by Hume Ross, Staff Member Georgetown Environmental Law Review. Read the post here.
By Hume Ross, Staff Member Georgetown Environmental Law Review This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. I. Introduction Before World War II, Japanese Admiral Yamamoto wrote: “Because I have seen the motor industry in Detroit and the oilfields of Texas, I know Japan has no chance if she goes to…
This week’s post, A Primer on Rails-to-Trails Conversions in the Eastern U.S., was written by Garrett M. Gee. Garrett is a Staff Member of the William & Mary Environmental Law and Policy Review. Read the post here.
By Garrett M. Gee, J.D. Candidate, William & Mary Law School, 2016; Staff Member, William & Mary Environmental Law and Policy Review Abstract: This article explains the process to convert a rail line to a recreational trail under the Rails-to-Trails Act and addresses some legal issues that often arise from such conversions. This post is part of the Environmental Law…
This week’s post, Ethical Convergence and the Endangered Species Act, was written by Caitlin Troyer Busch, J.D. Candidate at Stanford Law School. Read the post here.