Publications about: 2020

Not If, But When: The Environmental Impact of Cybersecurity in the Electric Grid

Vermont Law Top 10 Environmental Watch List 2020

Our country has committed, and continues to commit, a great deal of time and resources to network and modernize the electric grid into the smart grid. The smart grid is the traditional grid, modernized through the inclusion of internet technology.  Because of its reliance on internet technologies, the smart grid is vulnerable to the same… Read more »

BLM Director William Perry Pendley’s Transfer of Agency Headquarters from Washington to Colorado

Vermont Law Top 10 Environmental Watch List 2020

In July 2019, Department of the Interior Secretary David Bernhardt announced plans to move the Bureau of Land Management (BLM) headquarters. The announcement came as a surprise to the nearly 300 employees working for the BLM in Washington, D.C. who were suddenly being forced to make a life-altering decision of either packing up their lives… Read more »

Wrecking Climate Policy and Auto Economics: Trump’s Legacy of Fuel Economy Litigation and Car Standard Uncertainty

Vermont Law Top 10 Environmental Watch List 2020

The Trump administration appears dead set on both wrecking Obama-era climate policy and U.S. auto industry economics. Trump has induced protracted clean transportation litigation by proposing to repeal the Obama administration fuel economy standards and revoke California’s longstanding regulatory authority, and by attacking any auto industry attempts at reaching policy consensus with California. The Administration… Read more »

The EU-MERCOSUR Deal: A Litmus Test for Resolving the Growing Paradox of Development and Conservation

Vermont Law Top 10 Environmental Watch List 2020

“Ladies and gentlemen, in the search for prosperity, we are adopting policies that bring us closer to other countries which have developed themselves and consolidated their democracies. There can be no political freedom without there also being economic freedom. And vice-versa. The free market, concessions and privatization are already a reality in Brazil.” – President… Read more »

2020 Director’s Message

Dean Jennifer Rushlow

As we head into 2020, the upcoming presidential election in the United States looms large. The Top 10 Environmental Watch List is not about politics on its face, but as any 1L taking Constitutional Law can tell you, law and politics are fruit of the same tree. One need only look to the focus on… Read more »

Top 10 2020

Vermont Law Top 10 Environmental Watch List 2020

The Top 10 Environmental Watch List addresses important environmental issues that Vermont Law School faculty and Vermont Journal of Environmental Law editors predict will arise in the upcoming year. For each environmental issue, faculty members and editors worked collaboratively to discuss the relevant legal framework and explain what readers should expect in 2020.

Indian Country in 2020: Footsteps Worth Following

Vermont Law Top 10 Environmental Watch List 2020

In 1953, famed Indian law scholar Felix Cohen wrote: “It is a pity that so many Americans today think of the Indian as a romantic or comic figure in American history without contemporary significance. In fact, the Indian plays much the same role in our society that the Jews played in Germany. Like the miner’s canary,… Read more »

Moving the Needle on PFAS Regulation

The “Forever” Chemicals The phrase “you have it in you” is typically used to inspire. It is not something you want to hear about toxic chemicals. Unfortunately, an estimated 99.7% of Americans have measurable concentrations of a now-ubiquitous class of toxic chemicals in their blood known as per- and polyfluoroalkyl, or PFAS. PFAS are incredibly… Read more »

At the Limits of the Law: The Challenge of Invasives in 2020

Vermont Law Top 10 Environmental Watch List 2020

What’s destructive, disruptive, and invading all over? Invasive species! An invasive species is commonly defined as a non-native organism “whose introduction causes or is likely to cause environmental harm, or harm to human, animal, or plant health.” According to a February 2019 senate hearing, there are more than 5,000 invasive species in the United States,… Read more »

Climate Change in the Courts

It has been a busy year for climate litigation and 2020 promises even more fireworks.  The continuing saga of Juliana v. United States, the landmark securities fraud trial in New York against Exxon, and the proliferation of state nuisance cases against oil companies will put courts in the position to answer important questions on how… Read more »