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Circular Economy Laws as a Means, Not an End: The Case of Sustainable Car Sharing

The circular economy has gone mainstream as a goal in the transitions toward a more sustainable society. Often, however, laws that promote a circular economy remain vague or narrowly focused on resource efficiency, obscuring the fact that they have multiple environmental effects and can lead to environmental trade offs. This Article examines how to properly frame circular economy laws for sustainability, focusing on product-service systems generally and the case of car sharing in particular.

Local Solutions to the Global Crisis: A Guide to Climate-Resilient Development

In February 2022, the Intergovernmental Panel on Climate Change (IPCC) promulgated climate-resilient development (CRD), which combines adaptation and mitigation as a principal strategy for managing climate change. This Article discusses local land use law in the context of CRD and provides a methodology for identifying and evaluating strategies that address the global climate crisis at the local level. Local governments have the power to integrate land use strategies that include CRD components, and the IPCC identified these strategies as effective tools for implementing CRD.

Financially Equivalent but Behaviorally Distinct? Pollution Tax and Cap-and-Trade Negotiations

Economic theory suggests that pollution tax and cap-and-trade regulations can be functionally equivalent. Environmentalists tend to prefer the firm emissions cap in cap-and-trade programs, while economists and business interests tend to prefer the price certainty of tax programs. But both may be overlooking behavioral distinctions between the two policies. Using a novel randomized case experiment, this Article tests whether the framing changes negotiated policies.

Beyond Bake Sales: Environmental Justice Through Superfund Removal Actions

This Comment provides a basic introduction to the Superfund removal program, a program through which millions of dollars are allocated through the U.S. Environmental Protection Agency's 10 regional offices each year for cleaning up contaminated sites that are not designated “Superfund” sites, and particularly encourages consideration of Superfund removals to address growing concerns for environmental justice.

The Acceleration of Climate Creep: The Court Crashes, Congress Surges

This Comment takes up two recent conflicting developments: the U.S. Supreme Court’s decision in West Virginia v. Environmental Protection Agency, which was designed to undercut present and future federal climate action, and Congress’ surprising countermove passing climate legislation in the form of the Inflation Reduction Act, which has dramatically accelerated development of the rule of law around climate change in the United States.

Analyzing West Virginia v. Environmental Protection Agency

On the final day of the 2021-2022 term, the U.S. Supreme Court released its decision in West Virginia v. Environmental Protection Agency. The majority (6-3) opinion limited the U.S. Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gas emissions from power plants under Clean Air Act §111(d), in part by invoking the “major questions doctrine.” The decision has implications for EPA’s authority both to regulate emissions from stationary sources and to regulate greenhouse gases more broadly.

Agricultural Exceptionalism, Environmental Injustice, and U.S. Right-to-Farm Laws

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.