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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.

Behind the Curtain: Insiders' View of Developing and Enforcing State Climate Change Laws

This Article highlights the role of advocates in pushing government to step up to the challenges of reducing greenhouse gas (GHG) emissions and remaining steadfast through continued policy enforcement. The authors, who participated in the development of the Massachusetts Global Warming Solutions Act, provide insights regarding climate legislation, regulation, and litigation in a state committed to addressing climate change.

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.

Ethics and the Human Enterprise in the Anthropocene Age

In the first decades of the 21st century, those working to assure that earth continues to be a viable home for humanity as well as for all other life have been in a crisis regarding their purpose and direction. This is a departure from the past century and a half, when the giants of conservation and environmental protection—personalities such as John Muir, Rachel Carson, and David Brower— were certain of their cause and the actions needed to sustain it.

The Meat of the Matter: Shoring Up Animal Agriculture at the Expense of Consumers, Animals, and the Environment

This Article analyzes the recent proliferation of “tag-gag” laws aimed at undermining the emerging plantbased and cell-based food industries. It examines potential constitutional challenges to these laws, including those based on the First Amendment, the dormant Commerce Clause, Supremacy Clause, and Due Process Clause, as well as the likely arguments that states will proffer in their defense. It concludes with a discussion of the consequences and implications of various outcomes of these cases, and how animal advocates can responsibly bring these types of constitutional challenges.

Environmental Justice, Just Transition, and a Low-Carbon Future for California

We must substantially reduce carbon emissions within a short time line, and this rapid decarbonization will cause negative economic and social impacts on workers and communities dependent upon fossil fuel extraction and use. “Just transition” often refers to addressing the needs of those communities, but an equitable transition into a low-carbon future should also take into account environmental justice communities that have suffered from disproportionate exposure to environmental hazards and that could and should benefit from job creation.

State Preemption of Local Government: The Philadelphia Story

We are practitioners for the City of Philadelphia with extensive experience in cases and analysis regarding the extent to which the Commonwealth of Pennsylvania has, or has not, preempted local regulation in various subjects of concern to the City. As City attorneys, our perspective is based in our role as advocates for the preservation and defense of the City’s exercise of its home rule powers. In considering the city-state relationship, many of the practical, political and cultural issues addressed in Prof. Richard C.

Resisting Regulatory Rollback in the Trump Era: The Case for Preserving CZMA Consistency

On March 11, 2019, the National Oceanic and Atmospheric Administration published an advance notice of proposed rulemaking to amend regulations that implement the Coastal Zone Management Act’s (CZMA’s) consistency requirement. This Article places the notice in context, focusing on the CZMA’s role in state review of offshore oil and gas development and its evolution to provide a predictable framework that balances coastal state interests with the nation’s energy needs.

Climate Change and the Role of Emerging Economies

The principles of “common but differentiated responsibility” (CBDR) and sustainable development play an integral role in international environmental law. However, these principles have come under fire in recent years, particularly from the global North, which has grown impatient over the lack of contribution on climate change from the emerging economies. Much effort has been expended toward the establishment of greater contribution, and the shouldering of greater responsibility from these countries.