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Environmental Law

Environmental Law Prof Blog

Coverage includes agriculture, timber, energy, mining, fisheries, land use, forests, marine resources, water resources, water quality, air quality, climate change, endangered species, biodiversity, environmental impact assessment, NEPA, environmental science, physical and social science, policy, legislation, law, case law, governance, management, and international law. News and analysis of environmental law; upcoming colloquia, conferences, and meetings; abstracts of working papers and recently-published scholarship in law, natural sciences, social science, economics; book reviews; career moves; other items of interest to faculty in the area.
By Susan Smith

Post Frequency: 5.2/day

Last Entry: May 14, 2013 at 06:00:00

On NEPA and Duplicity

Posted on May 14, 2013
A few days ago, John Bonine, an environmental law professor at the University of Oregon, sent an email to the environmental law professors? listserve asking for stories about ?fraud, lies, omissions, and plagiarism? in environmental assessment documents...

Standing in Recent Environmental Cases

Posted on May 13, 2013
On Wednesday (May 15), the Environmental Law Institute is hosting a lunchtime seminar on The Future of Standing in Environmental Cases, with a great panel: F. William Brownell, Partner, Hunton & Williams (moderator) Amanda Leiter, Associate Professor, American University, Washington...

LSU Law Center Launches New Laborde Energy Law Center

Posted on May 08, 2013
In a bit of shameless self-promotion of my home institution, I wanted to highlight that LSU's Laborde Energy Law Center has now been officially launched. You can check out the new website here. The Center was made possible in large...

Call for Papers: "Stuck in Forward?" due May 15

Posted on May 07, 2013
Below is a Call for Papers that inspires critical, big-picture thinking. Among the possible topics, conference organizers have included the following environmentally-related ones: Population and shifting demographics?opportunities and rhetorical strategies Capture and the regulated state The economy, class and energy...

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A Law Review Submissions Dilemma

Posted on May 06, 2013
Recently, one of my colleagues faced a dilemma involving submissions. Two months ago, he agreed to publish an article in a top specialty journal. It was late in the submission season and he was somewhat naive about the process, so...

Welcome to Professor Robin Craig!

Posted on April 29, 2013
We are very glad to welcome Professor Robin Kundis Craig to Environmental Law Prof Blog. Robin completed her doctorate in English literature at UC Santa Barbara and her law degree at Lewis & Clark. Before entering academia, she worked for...

Supreme Court Reaffirms Agency Discretion in Interpreting Regulations

Posted on April 26, 2013
The following was authored by Eric Lorber and reposted from RegBlog, with the permission of Cary Coglianese. When federal agencies impose regulations on businesses, who decides what those rules actually mean? In a recent decision, the Supreme Court said that...

A Water Quality/Fish Passage Controversy Reaches Closure

Posted on April 25, 2013
Last week brought closure to a rather interesting legal controversy at the northeastern corner of the country. The St. Croix River, which forms part of the boundary between Maine and Canada, once supported millions of alewives (also known as river...

A Child's Perspective on the European Crisis

Posted on April 24, 2013
Following Dave?s lead and apropos to Jonathan Zasloff?s commentary at Legal Planet on UCLA's tobacco ban, here is a funny tidbit from my 6 year old daughter. As we drove to school a couple days ago, we were listening to...

The New (Old) Euclid. The More Things Change, the More They Stay the Same.

Posted on April 24, 2013
This past week I took a trip to Toronto via Cleveland (long story) to attend the Urban Forests, Political Ecologies Conference (which was a truly fantastic conference). In addition to seeing the Cuyahoga River for the first time (a river...

Introducing Todd Aagaard

Posted on April 22, 2013
We?re happy to introduce our newest blogger. Todd Aagaard attended the University of Michigan?s School of Natural Resources and the Environment and Michigan Law School, where he was the editor-in-chief of the Michigan Law Review, and clerked for Judge Guido...

On the Lighter Side

Posted on April 22, 2013
This afternoon, out of the blue, my four-year-old daughter said, "Daddy, today is Earth Day!" "Oh," I said. "I told kids at school about pollution. But I didn't have time to talk about you." "What did you tell them about...

China Environmental Experiences: Table of Contents

Posted on April 21, 2013
Over the last year and a half, I contributed a series of essays about my environmental experiences while living in China as a Fulbright Scholar and Visiting Professor at Ocean University of China. A few readers who had missed installments...

The Reliability of the Sun and the Wind

Posted on April 17, 2013
The electric utility industry often complains that renewable energy proponents don?t pay enough attention to the intermittency of renewable resources. A common refrain is ?the sun doesn?t always shine and the wind doesn?t always blow.? The industry then reminds us...

Inappropriate for Class?

Posted on April 16, 2013
Perhaps I should not admit it, but I used the picture below in my environmental law class this semester. I showed it after we had had a pretty heavy discussion on the science of climate change, with the thought that...

A Happy Fiftieth Birthday to Dugan v. Rank

Posted on April 15, 2013
Fifty years ago today, in Dugan v. Rank, 372 U.S. 609 (1963) the United Supreme Court did something it has not done since: it issued a decision in a takings case involving water allocation. That statement might seem surprising. The...

Better Block Baton Rouge - Because Riding a Bicycle in Town Shouldn't be Deadly

Posted on April 15, 2013
Last Saturday I had the pleasure of attending the Better Block Baton Rouge event on Government Street here in Baton Rouge. As you can see from the attached images, it was a lively "demonstration project . . . exploring possibilities...

Workshop Classes

Posted on April 12, 2013
Yesterday, I enjoyed presenting a new paper I've written about solar subsidies to Professor Ann Carlson?s Climate Change and Energy Law Workshop class at UCLA. In past years, I?ve done similar presentations to workshop classes at Georgetown and Stanford, but...

An Article Worth Reading

Posted on April 11, 2013
On Tuesday, the New York Times published an article that all academics--particularly new ones--probably should read. The article discusses the increasing presence of so-called "predatory" academic journals and conferences. According to the Times, these journals and conferences generally adopt names...

Weather, Climate, and Birthday Parties

Posted on April 10, 2013
I took my daughter to a birthday party for one of her school friends last weekend, and I got in a discussion with the birthday girl?s dad about climate change. It started when the dad said something like ?if weathermen...

Water, Whooping Cranes, and the ESA

Posted on April 04, 2013
Three weeks ago, a federal district court in Texas issued an important ESA decision. The Aransas Project v. Shaw also is a very long decision?124 pages, to be exact?so I?ve been a bit slow to get a blog post up....

China Environmental Experiences, Post Script: Returning from China to the U.S.

Posted on March 27, 2013
This is a post-script to my 2012 series about my environmental experiences living in China as a visiting American environmental law professor. (For the full series background, see the introductory post, reflections on China and the Rocky Mountain Arsenal, an...

In Case You Missed It: Week of 3/17 to 3/23

Posted on March 26, 2013
Sally Jewell's nomination to become Interior Secretary cleared the Senate Energy and Natural Resources Committee. SCOTUS handed down Decker v. Northwest Environmental Defense Center (U.S. No. 11-338), reversing the 9th Circuit in upholding EPA's interpretation that channelilzed stormwater runoff from...

REMINDER: Call for Proposals, USD Climate & Energy Law Symposium

Posted on March 19, 2013
"California in the Spotlight: Successes and Challenges in Climate Change Law" Proposals due: Monday, March 25, 2013 On Friday, November 8, 2013, the University of San Diego School of Law will host its Fifth Annual Climate & Energy Law Symposium....

In Case You Missed it: Week of March 11-17

Posted on March 17, 2013
- Many new species now have protection under the Convention on International Trade in Endangered Species. - A solar industry trade group reported that U.S. sales were up 76% in 2012. - According to EPA, the fuel economy of the...

In Case You Missed It - Week of March 3 to 9

Posted on March 10, 2013
The U.S. State Department released a Draft Supplemental Environmental Impact Statement for Keystone XL (full text available here). The draft finds that the approval or denial of KXL is unlikely to significantly impact the rate of development of the oil...

The Casitas Throwback?

Posted on March 07, 2013
Last week, the Federal Circuit released another major decision in Casitas Municipal Water District v. United States. The decision brings an apparent end to a long legal saga. Broadly speaking, the litigation addressed the complex three-way intersection between the Endangered...

Why don?t we Care More about our Children?

Posted on March 06, 2013
In all President Obama?s recent public pronouncements about climate change, he has couched his call for action in a concern for future generations. ?But for the sake of our children and our future, we must do more to combat climate...

In Case You Missed It - Week of Feb. 24 to Mar. 2

Posted on March 04, 2013
* The Energy Information Administration reported that power plant-produced NOx and SO2 emissions are lower than in two decades * The First Circuit rejected Massachusetts' challenge to the relicensing of the Pilgrim nuclear power station * A new book is...

Call for Proposals: University of San Diego Climate & Energy Law Symposium

Posted on February 26, 2013
"California in the Spotlight: Successes and Challenges in Climate Change Law" Proposals due: Monday, March 25, 2013 On Friday, November 8, 2013, the University of San Diego School of Law will host its Fifth Annual Climate & Energy Law Symposium....

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