Publications about: 2018

Permitting Natural Gas Pipelines

In 2017, environmental advocates and some states like New York who have long been concerned with the climate change impacts associated with new liquefied natural gas (LNG) pipelines had reason for optimism. A number of recent regulatory and judicial developments hinted at a new direction in how the Federal Energy Regulatory Commission (FERC) must assess… Read more »

Solar Trade Tariffs

Solar photovoltaic energy is the leading source for new electric generating capacity in the United States and new job creation. In 2016, the U.S. added over 11 gigawatts of solar capacity. The solar industry employs more than 260,000 American workers and generates one in every 50 new U.S. jobs. In the next decade, the solar… Read more »

Energy Infrastructure Siting Authority

The siting of energy infrastructure has emerged as a new and complex legal and policy battlefield in the United States. Activists concerned about climate change seek to help wean the U.S. from fossil fuels by impeding the construction of pipelines that feed fossil fuel power plants. In many parts of the country, they are making… Read more »

Nuclear War: The War Our Planet Won’t Survive

On Sept. 11, 2017, the United Nations Security Council unanimously adopted a resolution to impose new sanctions on North Korea. These sanctions were a result of North Korea’s recent nuclear tests. After the Security Council adopted this United States-drafted resolution, the tension between North Korea and the U.S. only got worse when President Trump gave… Read more »

Pulling the Teeth Out of the Endangered Species Act

The Endangered Species Act is “the most comprehensive legislation for the preservation of endangered species ever enacted by any nation” according to the United States Supreme Court in the landmark case Tennessee Valley Authority v. Hill. Despite being one of the strongest environmental protection statutes, the ESA is under attack. Congress has proposed 63 legislative… Read more »

States Filling the Void on Climate Change

On Dec. 12, 2015, 195 countries signed the historic Paris Agreement creating a firm foundation for meaningful action on climate change through deep decarbonization of energy, transportation, and other economic sectors. The agreement, which entered into force on Nov. 4, 2016, is based on voluntary emission reduction efforts designed to ramp up over time with… Read more »

Houston, This is Harvey: Hurricanes are Hazardous

Hurricane Harvey’s destructive power demonstrated to Houston and the nation what happens when a highly industrialized area, located in a coastal zone, experiences a hurricane that delivers over 4 feet of rain. In addition to causing untold damage to homes and businesses and disrupting the lives of millions of residents in the process, Hurricane Harvey… Read more »

Top 10 2018

The goal of the Top 10 Environmental Watch List is to share with the world what we think will be the most important environmental issues in the coming year so that we can work together to address them. By looking forward, we are able to give context to these issues and discuss their relevance and… Read more »

Message from the Director

I am not certain whether I should welcome our readers to this year’s Top 10 Environmental Watch List or provide a warning along the lines of “Discretion Advised: Readers May Find This Material Disturbing.” A central question occupying environmental lawyers of all stripes is the degree to which the current federal administration, under the leadership… Read more »

The President’s Monumental Mistakes

On Monday, Dec. 4, President Trump flew to Utah to sign two Antiquities Act proclamations that made history. They weren’t notable for the protections they included, but instead for what they left out. These two proclamations effectively carved up the Grand Staircase-Escalante National Monument and the Bears Ears National Monument and replaced them with three… Read more »