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Rethinking the Function of Financial Assurance for End-of-Life Obligations

This Article develops a new normative account of the function of financial assurance requirements (FARs) for end-of-life obligations in the energy sector. These obligations cover restoration of the site to its original condition or to a level that could accommodate another productive use once the energy project ends. FARs necessitate that operators evidence ability to pay for this.

Climate Refugees in the Pacific

It is now scientifically proven that climate change is causing disruptions to the world at large. These slow-motion consequences threaten most coastal areas around the world, especially the Pacific Island nations.  Scientists predict that climate change will cause the forced displacement of people; desertification; protracted destructive wildfires; sea-level rise; ocean acidification; extreme weather events; and severe drought, which then impacts the supply of food.

Regulating CAFOs for the Well-Being of Farm Animals, Consumers, and the Environment

The livestock sector is one of the planet’s primary causes of resource consumption and environmental degradation. Approximately 99% of meat and other animal products in the United States are from factory farms, and the number of concentrated animal feeding operations (CAFOs) continues to grow. This Article, adapted from Chapter 8 of What Can Animal Law Learn From Environmental Law?, 2d Edition (ELI Press, forthcoming 2020), examines animal agriculture in the U.S and the associated problems.

EPA’s Criminal Prosecution and Punishment of Environmental Crimes

The U.S. Environmental Protection Agency (EPA) has the difficult mission of crafting complex environmental rules and regulations while considering the economic costs of those actions. The Agency must also engage in law enforcement functions to enforce these rules and regulations to ensure compliance, punish appropriately, and deter future offenders. Most of these enforcement actions rely on civil remedies to gain compliance, such as negotiating consent decrees or issuing civil penalties. In cases of willful, chronic, or serious offenses, the Agency can seek criminal penalties.

OIRA’s Dual Role and the Future of Cost-Benefit Analysis

The role that cost-benefit analysis (CBA) plays in regulatory decisionmaking is at a crossroads, as is the role played by the agency that oversees its implementation, the Office of Information and Regulatory Affairs (OIRA). The Trump Administration has largely demonstrated agnosticism toward CBA; this has left many to question whether OIRA can still play the role of ensuring quality analysis while serving as the eyes and ears of the president in overseeing regulation.

Brexit and Environmental Law

The United Kingdom’s departure from the European Union is anticipated to have a breadth of impacts on its environmental law and policy. Proponents point to opportunities ahead for the government to draft and enact U.K.-specific environmental laws and regulations that are more attuned to issues facing the country. Others believe the departure could lead to deregulation, a lack of consistency and stability, and potential decreases in advances made.

Legal Tools for Achieving Low Traffic Zones

Cities around the world are looking to reduce greenhouse gas and other emissions from vehicles through the use of low emission zones and congestion pricing. These strategies have been employed to great success abroad, including in central London, where both congestion pricing and fees and restrictions on higheremitting vehicles are in effect. In the U.S. law context, these policy approaches give rise to significant legal issues that have not been well-explored. This Article proposes that these policy approaches be called “Low Traffic Zones” (LTZs), and surveys those legal considerations.