The Fifth Circuit affirmed in part and reversed in part a district court’s dismissal of a lawsuit concerning a 2019 Texas law that allows only owners of existing transmission lines in the state to build, own, or operate new lines that connect to existing lines. A company seeking to enter the state...
While the environmental justice movement has gained traction in the United States, the relationship between agri-food systems and environmental injustices in rural areas has yet to come into focus. This Article explores the relationship between U.S. agricultural exceptionalism and rural environmental justice through examining right-to-farm laws.
The D.C. Circuit vacated a district court's grant of summary judgment to EPA in a challenge to the Agency's approval of a permitting program for coal ash disposal facilities in Oklahoma. Environmental groups challenged EPA’s approval on several grounds under RCRA and the APA, and the district cour...
The D.C. Circuit held, 2-1, that an agency must provide notice and an opportunity for public comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register. In January 2017, USDA announced it had finalized a rule designed to protect show horse...
This Article, adapted from Leo E. Strine Jr., Kirby M. Smith, and Reilly S. Steel, Caremark and ESG, Perfect Together: A Practical Approach to Implementing an Integrated, Efficient, and Effective Caremark and EESG, 106 Iowa L. Rev. 18853 (2021), and used with permission, proposes a way of thinking about "EESG" that promotes ethical, fair, and sustainable behavior without heaping additional work on already-stretched employees and directors.
This abstract is adapted from Victor B. Flatt, Holding Polluters Accountable in Times of Climate and COVID Risk: The Problems With “Emergency” Enforcement Waivers, 12 San Diego J. Climate & Energy L. 1 (2021), and used with permission.
Leo Strine, Kirby Smith, and Reilly Steel make an important contribution to the corporate governance literature.
In Caremark and ESG, Perfect Together: A Practical Approach to Implementing an Integrated, Efficient, and Effective Caremark EESG Strategy, Leo Strine and co-authors frame a board’s duty of oversight for environmental, social, and governance (ESG) issues in light of the common-law duties articulated under Caremark. The landmark Caremark decision articulated that corporations and their directors have a duty to implement and monitor compliance programs to ensure that the company honors its legal obligations.
This Comment is based on an edited transcription of Chandra Taylor-Sawyer’s remarks at the Environmental Law and Policy Annual Review conference. See 2021-2022 Environmental Law and Policy Annual Review Conference, available at https://www.eli.org/ environmental-law-policy-annual-review/2021-2022-ELPAR-conference.
Turning Participation Into Power: A Water Justice Case Study presents a rich, conceptual framework with the Constituent Empowerment Model (CE Model) that mirrors the foundational work of Dr. Robert Bullard’s Environmental Justice Framework in its very community-centered perspective. The article also integrates the Jemez Principles as a practical approach to community oversight and accountability. Using Baltimore as a case study added much value to the topic, as the state of Maryland is known for more progressive legislation regarding environment; however, Prof.