By J.B. Ruhl Thirty-five years ago, the Endangered Species Act (“ESA”) had as auspicious a debut in the U.S. Supreme Court as any statute could hope for. In Tennessee Valley Authority v. Hill, a majority of the Court proclaimed that the ESA was intended “to halt and reverse the trend toward species extinction, whatever the cost” and backed up those and other bold words by … [Read more...] about The Endangered Species Act’s Fall From Grace in the Supreme Court
environmental theory
American Natures: The Shape of Conflict in Environmental Law
By Jedediah Purdy There is a firestorm of political and cultural conflict around environmental issues, including, but running well beyond, climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values … [Read more...] about American Natures: The Shape of Conflict in Environmental Law