Editor's Summary: Environmental protection frequently requires creative legal strategies, and operating solely through the court system is not always the most effective means for protecting the environment and public health. In this Article, Richard T. Drury offers a case study of a public nuisance suit against a concrete-crushing facility in southeastern Los Angeles County. The facility, which was causing pollution and health concerns for the surrounding Latino low-income community, was challenged through an administrative public nuisance complaint to the city council.

Editor's Summary: Last year saw many exciting developments in CAA law and policy, including implications and fallout from the U.S. Supreme Court decision in Massachusetts v. EPA. In this Article, Ari G. Altman and Jessica M. Lewis look at a number of cases involving carbon dioxide emissions from both mobile and stationary sources. They address the momentum toward passing climate change legislation in Congress and moving to implement cap-andtrade systems at the regional level, as well as several potential options for regulating greenhouse gases under the existing CAA.

Editor's Summary: Following the issuance of two significant decisions in 2006 addressing whether claims of "probabilistic" injury are cognizable for Article III standing purposes, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit has continued to develop its jurisprudence on this important constitutional question. In this Article, Cassandra Sturkie and Suzanne Logan examine how the D.C. Circuit has analyzed these "increased-risk-of-harm" claims in four cases decided between November 2006 and January 2008.

Editors' Summary: In this Article, LeRoy C. Paddock examines the issue of green governance by looking at several of the changes that are driving the need for new approaches, the long series of studies calling for reform in environmental governance, and four case examples involving impaired waters, urban ozone and particulate pollution, brownfields rehabilitation, and nanotechnology. He concludes with suggestions about how to more effectively integrate economics-based and values-based tools into the way government approaches environmental problem solving.

Editor's Summary: In the past decade, EPA and over 20 states have created voluntary environmental leadership programs designed to recognize and reward businesses that take steps that go beyond compliance with the strictures of environmental law. Environmental leadership programs seek not only to spur direct improvements to environment quality but also to advance broader social goals that may lead indirectly to environmental improvements, such as improving businessgovernment relationships and changing business culture.

Editor's Summary: Cost-benefit analysis, which is now the dominant approach in American public-sector decisionmaking, suffers from a serious and perhaps even fatal flaw that is unfortunately not widely recognized. Any social policy, among its other impacts, will also have "person-altering consequences" in that it will have geometrically cascading and eventually universal effects on the genetic identities of the members of future generations. The cost-benefit analysis methodology as now applied fails to incorporate those consequences.

Editors' Summary: In 2003, the George W. Bush Administration expanded the definition of an emergency situation to include cases that may result in a "substantial loss of economic value to the Federal Government." During the last few years, the U.S. Forest Service has invoked this new provision to enable implementation of fire salvage decisions on the national forests without waiting for appeals of the projects to be resolved, and has generally won court cases challenging its interpretation.

Editors' Summary: The Energy Independence and Security Act of 2007 is a grab bag of loosely related provisions that touches many well-known areas of energy consumption and conservation, including energy-saving light bulbs, increased gas mileage requirements for automobiles, and increases in ethanol production.

Editors' Summary:

The United States has more ocean area under its jurisdiction than any other country. The new Administration, therefore, has every reason to place ocean concerns and opportunities high on its environmental and economic agendas. By reforming national ocean governance, ensuring that changes in energy policy consider ocean impacts, restoring U.S. leadership in marine research, and launching a national ocean health initiative, the new Administration will allow us to better safeguard the marine environment as well as U.S. economic and national security.

President-elect Barack Obama must tackle three major environmental and natural resource issues upon taking office: (1) global warming; (2) oceans policy; and (3) stewardship of our public lands.