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A Pendulum Seldom Stops in the Middle: Shifting Views on “Take” of Raptors and Other Migratory Birds

This Comment provides background on the evolution of the expanded reach of the Migratory Bird Treaty Act (MBTA) take prohibition as interpreted in multiple FWS policies, and the contradictions inherent in those policies. To illustrate the problems with FWS’ mutating interpretation of the MBTA, the Comment focuses on oil and gas development on public lands. While the discussion here primarily addresses protections afforded to raptors, the MBTA covers nearly every bird species in the United States.

Managing Property Buyouts at the Local Level: Seeking Benefits and Limiting Harms

Efforts to conduct buyouts of at-risk properties are an increasingly popular resilience tool, especially in response to massive flooding losses in recent years and the financial predicament of the National Flood Insurance Program. Calls for buyouts increased after Superstorm Sandy, with both New York and New Jersey dedicating funds to voluntary buyout programs. In some communities, an exclusive focus on the vulnerability of individual properties may lead to an implementation that causes harm to neighborhoods and communities.

Superstorm Sandy at Five: Lessons on Law as Catalyst and Obstacle to Long-Term Recovery Following Catastrophic Disasters

Nine of the 10 costliest U.S. hurricanes on record have ravaged the Atlantic and Gulf Coasts in the first two decades of the 21st century, yet federal, state, and local governments continue to struggle with devising an efficient and effective way to help cities and towns recover. This Article focuses on law-related obstacles encountered during the disaster response and recovery post- Superstorm Sandy.

Zeroing Out Climate Change: A “Hard Look” at Trump’s Social Cost of Carbon

President Donald Trump has referred to climate change as a “hoax,” and in March 2017 issued Executive Order No. 13783, Promoting Energy Independence and Economic Growth. Section 5 of this Order directs federal agencies to discontinue use of the social cost of carbon (SCC), a protocol developed under the Barack Obama Administration to monetize the impacts of climate-related disasters and disruption. This directive sets up a conflict with the requirements of NEPA, and likely will be challenged in the courts.

The Recent Development of China’s System of Procuratorate Public Interest Litigation

After a two-year pilot program, the Standing Committee of the National People’s Congress formally established the Procuratorate Public Interest Litigation (PPIL) System on June 27, 2017. Since the courthouse door in China has been opened for the procuratorate to protect the public interest, the number of such cases has skyrocketed. The vastly expanded number and geographic scope of such cases demonstrates that the procuratorate plays a significant role in protecting the public interest.

Green Finance: Leveraging Investment for Environmental Protection

Governments, intergovernmental organizations, financial institutions, corporations, and nongovernmental organizations (NGOs) are examining green financing mechanisms in earnest. Financial institutions are enabling investment in green infrastructure, and many have signed on to the Equator Principles, a risk management framework for determining, assessing, and managing environmental and social risk in projects.

Annual Review of Chinese Environmental Law Developments: 2017

The year 2017 witnessed further development of environmental law in China. Environmental protection was affirmed in the 19th National Congress of the Communist Party of China (CPC) held in October 2017, and was stressed in various parts of President Xi Jinping’s report to this CPC Congress. In line with the environmental protection policies, the Standing Committee of the National People’s Congress revised some laws related to environmental protection, and the Supreme People’s Court also took some initiatives for environmental protection.

The Case for Corporate Action on Climate Change

Corporate America does not speak with one voice on climate change. On the one hand, hundreds of companies recognize the gravity of the environmental, social, and economic disruption that the majority of climate scientists are predicting, and are taking action to reduce their exposure to the financial risks of climate change, quantify and control their greenhouse gas emissions, and adapt to impacts either now occurring or just over the horizon.

Lessons From Ten Years of Household Recycling in the United States

Recycling is perhaps the most prevalent pro-environmental activity at the household level. And while most states have some sort of statewide recycling laws, new recycling initiatives have not been prominent. Has recycling behavior stabilized or perhaps dropped in the current era in which there have been fewer new state recycling initiatives? To explore recycling trends and the factors related to these trends, this Comment uses a comprehensive national database covering U.S. recycling over a 10-year period beginning in 2005. This analysis reveals a number of important findings.