California’s Ban on Climate-Informed Models for Wildfire Insurance Premiums Ecol. Law Q. (IF 0.924) Pub Date : 2021-10-19 Rex Frazier
Popular news outlets have effectively covered how homeowners living in high fire risk areas find it increasingly difficult to obtain property insurance. However, there is very little public discussion of, and little scholarship on, how California’s rules against using current and future risk data – including cutting edge climate science – in insurance premiums contributes to this difficulty.
Food for Thought: The International Seed Treaty as a Tool to Promote Equity and Biodiversity in a Changing Global Climate Ecol. Law Q. (IF 0.924) Pub Date : 2021-08-21 Rachael Jaffe
While much attention is shed upon the climate crisis, intimately intertwined—and arguably a bigger threat to human stability—is the biodiversity crisis. In particular, current industrial agricultural systems accelerate biodiversity loss and amplify climate change, which in turn intensifies widespread food insecurity and has left over 800 million people without adequate nutrition. To combat these intertwining
Networked Federalism: Subnational Governments in the Biden Era Ecol. Law Q. (IF 0.924) Pub Date : 2021-03-12 Craig Holt Segall
Subnational governments, working with non-governmental advocates, drove climate action during the Trump administration while rebuffing federal rollbacks. Under the Biden administration, focus may initially shift towards the federal government, but the subnational network is critical to continued progress on climate change. I use the term “networked federalism” to describe how a horizontal, interconnected
Exploring Prospects for Environmental Justice as the EPA Reaches the Half-Century Mark Ecol. Law Q. (IF 0.924) Pub Date : 2020-12-07 Dr. Joshua Ozymy and Dr. Melissa L. Jarrell
As the U.S. Environmental Protection Agency turns 50, the federal government remains a laggard on environmental justice. We offer three forward-facing remedies to provide more just outcomes for environmental justice communities through the legal system: refocusing criminal enforcement efforts to prioritize environmental justice communities, further conceptualizing environmental justice communities
Easing Off the Gas: Efficient and Equitable Policy for Passenger Vehicle Emissions Reduction Ecol. Law Q. (IF 0.924) Pub Date : 2020-10-26 Dan Ziebarth
There are various public policy approaches to addressing passenger vehicle carbon emissions. In this article I review three possible approaches: raising emissions standards; alternative fuel vehicle subsidies; and congestion charging zones. I propose a set of criteria for evaluating these different policies, and apply those criteria to the three policies. I conclude that a combination of increased
Smart Grids Need Smart Privacy Laws: Reconciling the California Consumer Privacy Act with Decentralized Electricity Models Ecol. Law Q. (IF 0.924) Pub Date : 2020-08-18 Hannah M. Hess, J.D.
The California Consumer Privacy Act (CCPA) grants strong privacy rights, including allowing a consumer to opt out of the sale of her information to third parties, and to request that a business delete her information from its records. At the same time, the electricity industry is transitioning towards a decentralized distribution scheme, where electricity providers use consumer information and blockchain
Colluding to Save the World: How Antitrust Laws Discourage Corporations from Taking Action on Climate Change Ecol. Law Q. (IF 0.924) Pub Date : 2020-07-27 Paul Balmer
“The loftiest of purported motivations do not excuse anti-competitive collusion among rivals. That’s long-standing antitrust law.” So begins a USA Today opinion piece by Makan Delrahim, Assistant Attorney General and head of the Antitrust Division. Delrahim was defending a Department of Justice (DOJ) investigation into four major automakers who had recently announced they would continue to meet California’s
Salmon Lessons For The Delta Smelt: Unjustified Reliance On Hatcheries In The USFWS October 2019 Biological Opinion Ecol. Law Q. (IF 0.924) Pub Date : 2020-06-26 Paul Stanton Kibel
Pursuant to the Endangered Species Act, in October 2019 the United States Fish and Wildlife Service (USFWS) of the Trump Administration issued a new Biological Opinion (BiOp) for coordinated operations of the Central Valley Project and the State Water Project (2019 USFWS BiOp). The 2019 USFWS BiOp issued by the Trump Administration found that anticipated water project operations would not jeopardize
A Polymer Problem: How Plastic Production and Consumption is Polluting our Oceans Ecol. Law Q. (IF 0.924) Pub Date : 2019-04-19 Abigail Hogan and Alexander Steinbach, Staff Editors, Vermont Journal of Environmental Law
Typically, when a new product comes on the scene, it takes several generations to evaluate its use and environmental impact. However, synthetic plastics really only began to take over around 50 years ago, and we’re already seeing a movement to ban, or at least drastically reduce, the material.
Conduit to Tribal and Environmental Justice? Unpacking Washington v. United States Ecol. Law Q. (IF 0.924) Pub Date : 2019-01-14
Popularly referred to by the general public in Washington State as “the culvert case,” Washington v. United States (“Washington V”) has ramifications beyond the removal of barrier culverts precluding safe fish passage. This case brought together several lingering and hotly contested legal issues