For over a decade, the regulation of nutrients (nitrogen and phosphorus) under the Clean Water Act has been a focus of the U.S. Environmental Protection Agency's (EPA's) attention. Now, it is a focus of litigation. Hypoxia in the Gulf of Mexico, algal blooms in Florida, and reduced aquatic life in the Chesapeake Bay have spawned three very different lawsuits, each shedding light on different issues of administrative law and a different stage of the CWA's process for protecting water quality.

Heavy-duty road vehicles are subject to a regulatory program administered primarily by the federal government, a program that evolved out of concerns about increasing smog in California in the 1960s. Among the applicable regulations today are Clean Air Act mobile source provisions, Tier 2 standards, and the proposed Tier 3 standards. The mobile source program has existed for one-half century, but regulation of heavy-duty vehicles developed much later than the program for light-duty vehicles.

Aldo Leopold's 1947 observation still rings true today: we are "slipping two steps backward for each forward stride." Environmental law, which once expressed a social movement, has failed to keep pace with comprehensive ecological degradation. How can we reimagine it?

One of the most interesting aspects of the State of the Union for the energy industry was not what the president said, but something buried in the accompanying White House fact sheet: a proposal for the federal government to assume an enhanced role in "helping" to plan shale gas development and at the same time promote renewable energy.

As the largest developing country, China has become a primary focus of discussions about involving developing nations in global climate change mitigation efforts because of the size of its population and its rapid, double-digit economic growth. According to a recent inventory of the International Energy Agency (IEA), China is now the world's largest source of energyrelated carbon dioxide (CO2) emissions, surpassing the United States in 2007 and accounting for 29% of global annual emissions.

Corporations and other nongovernmental entities now regularly work to develop voluntary agreements, standards, and other practices aimed at fostering sustainability and reducing environmental impacts. This growth in “private governance” is implemented through various vehicles, including collective standardsetting, certifications, supply chain agreements, and other mechanisms. The influence of private governance is broad, impacting industries from electronics to forestry to apparel, as well as many others.

On June 10, 2013, ELI, the Advertising Self-Regulatory Council, and the Council of Better Business Bureaus cosponsored a conference to provide an overview and to initiate a dialogue about the legal issues taking shape amidst the growing popularity of private governance approaches. Deborah P. Majoras offered the conference keynote.

This Comment will examine key features of the Marine Stewardship Council (MSC), one of the main private environmental standard-setting organizations, and describe MSC’s standard-setting process, the status of MSC’s review of its standard currently underway, and lessons learned in setting and adjusting the standard.

Environmental law has long been viewed as a public law field, with policymakers and practitioners conditioned to look to government for solutions to environmental

Part I of this two-part study probed within the context of the 2010 BP Macondo Well blowout whether and to what extent the Oil Pollution Act of 1990 (OPA) displaces general maritime law negligence tort remedies for private economic and property losses. unscathed. Part II’s province is twofold. It critiques the ruling’s “silence means approval” canon on the basis of a framework it constructs to illuminate otherwise indeterminate U.S. Supreme Court displacement jurisprudence and policy. It then turns to B1 Bundle’s reliance on the Supreme Court’s rulings in Exxon Shipping Co. v.