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Saving Nemo: Enhancing CITES to Protect Marine Ornamental Fish

There is a startling lack of global regulation of the marine ornamental trade. The only international legal framework that governs the trade of marine ornamentals is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Requirements under Appendix II help prevent traded species from reaching the point where they need stricter protections, while Appendix III targets species that range countries want help controlling in international trade. Yet both of these appendices are poorly equipped to help regulate the marine aquarium trade.

Annual Review of Chinese Environmental Law Developments: 2024

In China, the year 2024 witnessed further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Energy Law of the People’s Republic of China, revision of the Mineral Resources Law of the People’s Republic of China, and adoption of a series of administrative regulations. This Comment summarizes some of the year’s major developments.

A Paris for Plastics? Fragmentation and Sustainability in Global Plastics Treaty Negotiations

The negotiations for the Global Plastics Treaty (GPT) that collapsed on December 2, 2024, were meant to be a step toward a plastics future informed by sustainable development principles. Given that no agreement has yet been reached, this Comment will discuss two broad issues that future GPT negotiating sessions must confront to produce an effective plastic life-cycle governance instrument. Part I reviews the fragmentation in current plastic waste-related governance instruments and institutions, and describes opportunities for the GPT to find synergies with those instruments.

Prescribed Fire in Wilderness Areas in a Post-Chevron World

In order to manage California wilderness areas to preserve their natural and untrammeled character, as required by the Wilderness Act, federal land management agencies should adopt interpretations of the Act that allow prescribed burning and Indigenous cultural burning in areas where it existed pre-colonialism.

State Responsibility for Disrupting Earth's Climate System: Anticipating the ICJ Advisory Opinion

In 2025, the International Court of Justice (ICJ) will deliver an advisory opinion on the legal obligations of nations with respect to the mounting damage caused by climate change. This ruling will definitively restate applicable international law, provide a basis for new global policy decisions within the U.N. General Assembly, and provide a predicate for new lawsuits in national courts. To be effective, remedies for breaching a government’s duties to avert climate change will require a “collective remedy,” not merely financial compensation.

Assessing and Advancing the Climate Capability of India's Judiciary

As in many other countries, climate change is driving new and complex litigation throughout India. These cases deal with a wide scope of issues, including greenhouse gas (GHG) emissions, renewable energy development, and air pollution, among other topics. Five features related to India’s climate and energy policies, its judicial structure, and a recent Supreme Court decision make it likely that the courts will continue to play a significant role in shaping the country’s response to climate change.

“Along” the National Scenic Trails: A Case Study of Statutory Interpretation

This Comment looks at the background of national scenic trails and lawmakers’ intent for the experiences these trails should provide, analyzes the difference in meaning between the terms and concepts of “on” and “along,” and considers the width of adjacent management areas that lawmakers implied with the use of the latter term. It also examines the management implications of these interpretations, and where agencies and nonprofit trail management partners may go from here.

Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

The relationship between the Convention on Biological Diversity and the Trade-Related Aspects of Intellectual Property Rights regime under the World Trade Organization is complex. The manner in which intellectual property rights (IPRs) pertaining to genetic resources (GRs) and associated traditional knowledge (ATK) are handled is the main source of this dissonance.

Pay to Play? The Past, Present, and Future of Recreation Fees on Federal Public Lands

The United States has historically valued free access to most public lands. But federal land management agencies also rely on users’ fee dollars to support critical operations. This tension between “free access” and “user pays” has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands Recreation Enhancement Act (FLREA), which authorizes fees at some sites while mandating free access at others.

BLM’s Conservation Rule and Conservation as a “Use”

In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact landscapes, restore degraded habitat, and manage for ecosystem resilience.