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By Courtney R. McVean and Justin R. Pidot The Obama Administration has come under increasing fire for its decisions to settle lawsuits brought by environmental organizations. Industry groups and Republican politicians claim that such settlements, negotiated behind “closed doors,” unfairly exclude regulated entities from regulatory decisionmaking that tangibly affects economic … [Read more...] about Environmental Settlements and Administrative Law

By Jaclyn Lopez Coastal areas in the United States are already experiencing the effects of sea-level rise, and the best available science predicts significant additional sea-level rise this century. In addition to sea-level rise, storm intensity and storm surge are also increasing. In some coastal areas, continuing population growth is compounding the threats of climate change … [Read more...] about Biodiversity on the Brink: The Role of “Assisted Migration” in Managing Endangered Species Threatened with Rising Seas

By Amanda C. Leiter The United States is in the midst of a natural gas boom, made possible by advances in drilling and extraction technologies. There is considerable disagreement about the relative benefits and costs of the boom, but one thing is certain: it has caught governments flat-footed. The federal government has done little more than commission a study of some … [Read more...] about Fracking, Federalism, and Private Governance

By Richard L. Revesz Cite as: Richard L. Revesz, Toward a More Rational Environmental Policy, 39 Harv. Envtl. L. Rev. 93 (2015). View Full Article (PDF) … [Read more...] about Toward a More Rational Environmental Policy

By Thomas O. McGarity Cite as: Thomas O. McGarity, But What About Texas? Climate Disruption Regulation in Recalcitrant States, 39 Harv. Envtl. L. Rev. 79 (2015). View Full Article (PDF) … [Read more...] about But What About Texas? Climate Disruption Regulation in Recalcitrant States