This week’s post, Towards a Middle Path: Loss & Damage in the 2015 Paris Agreement, was written by our own Maryam Al-Dabbagh! Maryam is currently a Graduate Editor on the NYU Environmental Law Journal. Read the post here!

Maryam Al-Dabbagh* This post is part of the Environmental Law Review Syndicate. Click the link above or scroll through to leave a comment.  Introduction In the lead-up to the Paris talks, the issue of loss and damage (L&D) was portrayed to be one of the biggest hurdles in the quest for an agreement. L&D had already suffered multiple drawbacks in previous talks, such as the mass walkout by G-77 countries at COP19 in Warsaw in protest of the response by developed countries to their demands for L&D.[1] Surprisingly, no similar issues occurred in Paris; instead, the agreement articulated a middle…

By Helen Marie Berg, General Member of the Michigan Journal of Environmental & Administrative Law. This post is part of the Environmental Law Review Syndicate. The original post can be viewed here.   In January 2016, Michigan Governor Rick Snyder appealed to the federal government for a $96 million emergency aid grant in response to the tremendous and growing public health crisis in Flint, Michigan.[1] City and state officials caused the crisis. They decided to switch the city’s drinking water source from Lake Huron to the Flint River, but failed to add the proper anti-corrosion treatment to the lead pipes…

This week’s post, Rising Seas in the Holy City: Preserving Historic Charleston in the Face of Global Climate Change, was written by Will Grossenbacher, former Editor-in-Chief of the Virginia Environmental Law Journal. Read it here!

Will Grossenbacher* This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. From October 2–5, 2015, the State of South Carolina, and the City of Charleston in particular, experienced historic rains: sites in the Charleston area reported up to twenty-six inches of rain.[1] The downpour combined with high tides to create flooding that closed dozens of streets throughout the City. Then, at the end of October, Charleston experienced the fourth-highest tide ever recorded in the City.[2] Persistent winds combined with the bi-monthly spring tide to create a high tide that reached 8.7…

This week’s post, titled Implementing Supplemental Environmental Project Policies to Promote Restorative Justice, is by Eric Anthony DeBellis, Senior Executive Editor of the Ecology Law Quarterly. Read it here!

by Eric Anthony DeBellis, Senior Executive Editor of the Ecology Law Quarterly. This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment.   Introduction The overwhelming majority of environmental enforcement actions settle out of court, but overlooking settlements as merely a mechanical means to save time and court costs is a mistake. An agency’s approach to settlement has tremendous environmental justice implications that go largely unnoticed. In a traditional enforcement settlement model, the government claims the exclusive right to speak for the people. It brings an enforcement action against the defendant, and…

This week’s post, Scalia’s Swan Song: The “Irreconcilability Canon” Resolves the Clean Air Act’s Section 111(d) Drafting Error and Encourages Good Lawmaking, was written by Brenden Cline, Editor-in-Chief of the Harvard Environmental Law Review. Read it here!

By Brenden Cline, Editor-in-Chief, Harvard Environmental Law Review This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment.    [This] is a ‘rare case.’ It is and should be . . . . But every generation or so a case comes along when this Court needs to say enough is enough. — Chief Justice Roberts[1]   As my law school graduation nears, I’d like to advance a common-sense argument for the Clean Power Plan’s statutory authority that only a law student could make: the D.C. Circuit and Supreme Court should reject EPA’s and…