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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.

Analysis of Environmental Law Scholarship 2020-2021

This Comment provides an empirical snapshot of the environmental legal literature for the 2020-2021 academic year, as well as  information on the top articles chosen for re-publication by the Environmental Law and Policy Annual Review (ELPAR), which is published by the Environmental Law Reporter in partnership with Vanderbilt University Law School.

The New Law of Geology: Rights, Responsibilities, and Geosystem Services

Humans are inescapably dependent upon geological processes and structures. Many of these interactions are direct, such as when we cultivate the soil or mine the earth. However, the terms of our interaction with geology are usually invisible and unacknowledged. Although the relationships are complex, a firm understanding of the environment and our dependence on it cannot ignore the interconnections between earth’s systems, including subsurface geology, vegetation, oceans, and atmosphere.

30 by 30, Areas of Critical Environmental Concern, and Tribal Cultural Lands

President Joe Biden’s Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation’s lands and waters by 2030. To accomplish this ambitious “30 by 30” effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for conservation. This Comment examines "areas of critical environmental concern" and their potential role in the 30 by 30 program, particularly their potential to enlist tribal governments in helping to manage lands of tribal cultural significance. 

Greenflation: Are Commodity Prices Actually Rising?

What impact does inflation have on environmental sectors? Economists have recently raised concerns about “greenflation,” a term coined to describe rising commodity prices associated with going green, due to a higher demand for sustainable materials. The implementation of more carbon-neutral regulation and increasing environmental, social, and governance (ESG) practices may contribute to these rising costs. On January 26, 2022, the Environmental Law Institute hosted leading experts for an in-depth economic discussion about greenflation, regulations, and ESG practices.

Federal Grazing Lands as “Conservation Lands” in the 30 by 30 Program

On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the “30 by 30” program to “conserve” 30% of the nation’s lands and waters by 2030, but to date, the Administration has yet to clarify the standards defining "conservation" lands. In September 2021, Nada Culver, the acting director of the Bureau of Land Management (BLM), and Chris French, the deputy chief of the Forest Service’s National Forest System (NFS) confirmed at an annual Public Lands Council meeting that they believe the nation’s grazing lands “should [be] include[d]” in the 30 by 30 count.

Safeguarding Against Distortions of Scientific Research in Federal Policymaking

The appropriate use of science in policymaking depends upon integrity in scientific research and in the ways in which that research is communicated and applied throughout the policymaking process. On May 22, 2019, the University of California, Irvine School of Law’s Center for Land, Environment, and Natural Resources (CLEANR) and the Center for Science and Democracy at the Union of Concerned Scientists (UCS) convened a roundtable that brought together leading scientists, scholars, advocates, and policymakers to explore potential safeguards to protect scientific research and its use in feder

How President Trump's War on Science Undermines Cost-Benefit Analysis of Climate Policies

This Article discusses the Trump Administration’s main actions to undermine the role of science in public policy and the consequences for cost-benefit analysis involving climate change policies. It analyzes the specific attacks on science and their impact on relevant policies, namely, the rollbacks of the Clean Water Rule, the pesticides ban, the Clean Air Act, and the Clean Power Plan, as well as modification of the National Environmental Policy Act and regulations promoting fuel efficiency, and the flexibilization of environmental enforcement during the COVID-19 pandemic.