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Leaking Methane: Natural Gas, Climate Change, and Uncertainty

Recent studies suggest natural gas is significantly more carbon-intensive than previously realized, with methane having at least 25 times the warming potential of carbon dioxide. If the United States is to meet greenhouse gas reduction goals, it must curtail methane leakage between 30% and 90%, and leakage is anticipated to cost producers $2 billion each year in lost product. Absent regulations from the federal government and many states, nongovernmental organizations and the private sector are developing innovative solutions.

A Road Map to Net-Zero Emissions for Fossil Fuel Development on Public Lands

In producing over 274 million barrels of oil, 3.3 billion cubic feet of natural gas, and 302 million tons of coal each year, the Bureau of Land Management’s (BLM’s) decisions significantly impact U.S. and global greenhouse gas emissions; fossil fuels produced on federal land account for almost 24 percent of all U.S. CO2 emissions. This Article provides a legal road map for BLM to require all new oil and gas development to achieve net-zero emissions as a condition of operation.

From RPS to Carbon: An Evolutionary Proposal

Renewable portfolio standards (RPS) and their accompanying renewable energy credits have been adopted by 38 states and the District of Columbia. This Article argues that they have outlived their usefulness, and proposes a transition to a “carbon reduction standard” (CRS) based on a statewide target for the average carbon emissions per megawatt hour of electricity generation. It describes in detail how a CRS would work, how it aligns with changing policy goals, and how it would take advantage of RPS lessons learned.

A Rights-Based Approach to Governance of Climate Geoengineering

Faced with the growing threat of climate vulnerability, many have turned to the idea of geoengineering. However, many environmentalists and human rights advocates are wary of the risks related to geoengineering. At present, there is no international agreement that governs the deployment of geoengineering technologies. This Article explores a rights-based approach for the governance of geoengineering in international law, including the impetus, rationale, and options for implementation.

Held v. Montana

The Montana Supreme Court affirmed a trial court ruling that declared the Montana Environmental Policy Act (MEPA) violated youths' state constitutional right to a "clean and healthful environment." The youths argued a provision of MEPA that precluded analysis of greenhouse gas emissions in EAs and E...

LSP Transmission Holdings II, LLC v. Huston

A district court granted an electric transmission developer's motion for preliminary injunction against Indiana's 2023 law that granted incumbent transmission owners a right of first refusal to build transmission projects in their service areas. The developer argued the law blocked it from bidding o...

National Family Farm Coalition v. Vilsack

A district court granted in part nonprofit and public interest groups' motion for summary judgment in a challenge to the Animal and Plant Health Inspection Service's (APHIS') 2020 rule concerning regulation of genetically engineered (GE) organisms. The groups argued the rule effectively abandoned fe...

Seafreeze Shoreside, Inc. v. United States Department of the Interior

The First Circuit affirmed summary judgment for the U.S. government in a lawsuit concerning a plan to construct a large-scale commercial offshore wind energy facility off of Martha's Vineyard. Several entities associated with the commercial fishing industry challenged the approval process, asserting...

Protecting the Right to Environment: The Roles of Judicial Commissions and Special Masters

This Article addresses the pressing need for six “green states”—New York, Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania—to adopt quasi-judicial mechanisms for enforcement of their constitutional right to environment. It analyzes the challenges and limitations of traditional litigation in enforcing this right, and compares the special master system in the United States with environmental judicial commissions in Pakistan.