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Melone v. Coit

The First Circuit affirmed summary judgment for NMFS in a challenge to the Service's issuance of an incidental harassment authorization (IHA) for construction of a wind power project off the coast of Massachusetts. A part-time Martha's Vineyard resident argued NMFS' determination that the IHA, which...

Shipping's Fair Share

In July 2023, the International Maritime Organization (IMO) resolved to reduce international shipping’s greenhouse gas emissions to net zero “by or around, i.e., close to” 2050. There is a long-running debate about whether the sector should decarbonize and how it could do so in a way that is equitable for states and the shipping industry. This Article is the first to normatively define shipping’s fair share of the overall climate mitigation burden using principles of international environmental law.

What Goes Around Should Come Around: Extended Producer Responsibility for Textiles

As marketers across the fashion industry increasingly tout “circularity” initiatives, the reality remains that exponentially more clothes are being produced, purchased, and promptly thrown away than ever before. This Comment focuses on governmental responses to the environmental crisis created by textile waste that promote circularity in the fashion industry through extended producer responsibility (EPR) regulation of textiles.

U.S. and Global Methane Regulation

Methane is estimated to be responsible for one-third of the global rise in temperatures from greenhouse gases; it is shorter-lived but much more potent than carbon dioxide. The United States and the European Union (E.U.) launched the Global Methane Pledge at the 2021 United Nations Climate Change Conference (COP26). At COP28’s Global Methane Pledge Ministerial last December, new strategies were announced, including the E.U.’s first-ever adoption of methane regulations and a final rule by the U.S. Environmental Protection Agency to reduce methane from the oil and gas industry.

Tohono O'odham Nation v. United States Department of Interior

A district court denied tribes' and conservation groups' request to preliminarily enjoin construction of a transmission line through the San Pedro Valley in Arizona. The plaintiffs argued BLM violated the National Historic Preservation Act when it authorized construction to begin without assessing t...

Putting the Ban Back Together: A Critical Look at California Restaurant Association v. Berkeley

Concerned by methane’s potent climate-altering emissions, a growing number of states and municipalities have embraced the phaseout of natural gas as a tool to mitigate climate change. But in April 2023, the California Restaurant Association successfully petitioned the U.S. Court of Appeals for the Ninth Circuit to overturn the city of Berkeley’s ban on natural gas infrastructure in new buildings. The three-judge panel found the ban preempted by the federal Energy Policy and Conservation Act, and in January 2024, the Ninth Circuit denied Berkeley’s petition for rehearing.

Climate Justice Litigation in the United States—A Primer

Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt throughout the United States, they are not evenly distributed. This Article explores how several states have initiated climate justice litigation to address this issue.

The Promise and Peril of State Corporate Climate Disclosure Laws

On October 7, 2023, California Gov. Gavin Newsom signed the most far-reaching corporate climate disclosure (CCD) requirements in the United States. This so-called California Climate Accountability Package consists of the Climate Corporate Data Accountability Act (Senate Bill (SB) 253), which requires certain companies to disclose greenhouse gas emission data, and the Climate-Related Financial Risk Act (SB 261), which requires certain companies to disclose climate-related financial risks.

BlueRibbon Coalition, Inc. v. U.S Bureau of Land Management

A district court denied outdoor recreation groups' request to halt implementation of BLM's 2023 travel management plan (TMP) closing over 300 miles of routes previously available for off-highway vehicle use on public lands within the Labyrinth/Gemini Bridges Travel Management Area in Utah. The group...