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…

This week’s post from the Environmental Law Review Syndicate, titled Plugging the Regulatory Holes: How to Prevent the Next Aliso Canyon Catastrophe, was written by Myles Osborne of the Michigan Journal of Environmental & Administrative Law. Read it here!

  Myles Osborne* This post is part of the Environmental Law Review Syndicate. Read the original and leave a comment here.          In late October 2015, the Southern California Gas Company’s Aliso Canyon Natural Gas Storage Facility began spewing natural gas into the air over the San Fernando Valley at a rate of 110,000 pounds per hour.[1] Composed primarily of methane, a “short-lived” climate pollutant[2] with twenty-five times the global warming impact of carbon dioxide,[3] the leak effectively doubled the methane emissions rate for the Los Angeles Basin.[4] With substantial environmental costs and several botched attempts at containment, the leak…

This week’s ELRS post, BioTransport:  Moving Wildlife in Response to Climate Change, was written by Stacy Shelton of the Vermont Journal of Environmental Law. Read it here!

By Stacy Shelton, Staff Editor, Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. Read the original here. “If climate change continues unabated and as rapidly as a few models predict, saving at least some species will require solutions more radical than creating parks and shielding endangered species from bullets, bulldozers, and oil spills: It will require moving them.”[1]  I. Introduction With millions of gallons of oil gushing into the Gulf of Mexico from a blown-out well in the summer of 2010, the U.S. Fish and Wildlife Service and its partners settled on a Hail…

By Benjamin Harris* This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. The Clean Power Plan (“CPP”), announced and promulgated in late 2015 by the Environmental Protection Agency (“EPA”) and backed by President Barack Obama, seeks to develop a comprehensive regulatory scheme over the nation’s power plants in an effort to promote cleaner energy development and reduce greenhouse gas emissions. On February 10, 2016, the Supreme Court granted a petition to stay the Clean Power Plan until a legal challenge against it can proceed on the merits. This post 1)…