This week’s post, Navigating with an Ocean Liner: The Clean Water Rule, Trump’s Executive Order, and the Future of “Waters of the United States,“ was written by Kacy Manahan, a clinical student at Earthrise Law Center at Lewis & Clark Law School and the 2017–2018 Symposium Editor for Environmental Law. She may be reached at kmanahan@lclark.edu. Read the post here.

By Kacy Manahan Kacy Manahan is a 3L at Lewis & Clark School of Law and Symposium Editor of Environmental Law. This post is part of the Environmental Law Review Syndicate. I. Introduction The scope of the Clean Water Act’s jurisdiction has been controversial throughout the statute’s history. Reconciling the extent of Congress’ Commerce Clause authority with the reality of vast hydrological connections across the United States has been an unenviable task delegated to the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (the Corps). This post is a comprehensive, though certainly not exhaustive, examination of…

This week’s post, Funding Adaptation: Financing Resiliency Through Sea Level Derivatives, discusses risks created by sea level rise and was written by Sevren Gourley, Editor-in-Chief of the Virginia Environmental Law Journal. Read the post here.

By Sevren Gourley Sevren Gourley is a 3L at the University of Virginia School of Law and Editor-in-Chief of the Virginia Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. Coastal municipalities are struggling to address the uncertain future risks created by sea level rise. Conventional models of ex ante protection and ex post relief are both too costly and often insufficient to mitigate the impacts of climate change. Sea level derivative instruments provide an alternative model for financing adaptation projects that allow municipalities to transfer the risk of…

This week’s post, Endangered Species Act to the Rescue? Climate Change Mitigation and Adaptation under the ESA, was written by Olivia Bensinger, Managing Editor of the Harvard Environmental Law Review. Read the post here.

By Olivia Bensinger Olivia Bensinger is a 3L at Harvard Law School and managing editor of the Harvard Environmental Law Review.   This post is part of the Environmental Law Review Syndicate (ELRS).  Read the original at Ecology Law Quarterly’s website. As we move further into the era of climate change, we often find ourselves looking in unlikely places for tools with which to combat global warming. The Endangered Species Act[1] (“ESA”) was enacted in 1973 for the singular purpose of protecting endangered and threatened species of animals and plants. The ESA has attacked this problem with all its might, and has been a…

This week’s post, Enough Horsing Around, covers the treatment of carriage horses in New York City’s Central Park and was written by Joseph Godio, a Senior Editor of the Georgetown Environmental Law Review. Read the post here.

By Joseph Godio Joseph Godio is a 3L at Georgetown University Law Center and a senior editor of the Georgetown Environmental Law Review.   This post is part of the Environmental Law Review Syndicate (ELRS).  Read the original at Ecology Law Quarterly’s website. Introduction New York City is a city thought by many to be one of the most incredible, majestic, and beautiful cities in the world. Its prominence and prosperity has grown just like the skyline, continuously reaching new heights. Ironically, one of the most beautiful places in New York City, Central Park, is also home to one of the…

Climate Change Regulation Through Litigation: New York’s Investigation of ExxonMobil under the Martin Act Chris Erickson Chris is a Junior Editor of the Michigan Journal of Environmental and Administrative Law at the University of Michigan Law School. He can be reached at cerick@umich.edu.

Chris Erickson   This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. In November 2015, New York Attorney General Eric Schneiderman began an investigation into whether ExxonMobil made public statements about climate change that conflicted with its own internal research.[i] Schneiderman issued a subpoena to ExxonMobil ordering production of documents related to its internal climate change research and the use of that research in making strategic decisions.[ii] This investigation differentiates itself from previous climate change litigation by attempting to hold companies responsible for their contributions to climate change using laws unrelated…