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How Local Governments Can Learn From Generation Z

Young people are leading the fight against climate change in the United States and around the world. Thirty-two percent of Gen Zers—more than any other generation—have taken concrete actions to address climate change in the last year. Local governments and officials can work with young leaders in their communities to advance climate action by providing resources and enacting change through ordinances, policies, programs, and infrastructure development.

Does the First Amendment Protect Fossil Fuel Companies’ Public Speech?

Numerous cities, states, and counties have sued fossil fuel companies, with claims based on evidence found in the companies’ own internal documents and statements. These companies have argued their public statements are protected by the First Amendment’s freedom of speech and right to petition clauses. This Article describes the current litigation, discusses the companies’ statements disseminated through various sources, and summarizes U.S. Supreme Court precedent and caselaw on commercial speech.

The Clean Water Act’s 50th Anniversary

October 18, 2022, marked the anniversary of the Clean Water Act (CWA), the primary federal law governing pollution control and quality of the waters of the United States. Though the Act has achieved vital successes, whether they can be sustained and how further progress can be made remain fundamental questions. On October 25, 2022, the Environmental Law Institute hosted a panel of experts at its 2022 Annual Policy Forum to evaluate the past 50 years of the CWA, while looking ahead to the next 50 years.

Liability for Public Deception: Linking Fossil Fuel Disinformation to Climate Damages

Over two dozen U.S. states and municipalities have filed lawsuits against fossil fuel companies, seeking abatement orders and compensation for climate damages based on theories such as public nuisance, negligence, and failure to warn, and alleging these companies knew about the dangers of their products, intentionally concealed those dangers, created doubt about climate science, and undermined public support for climate action.

Salmon, Climate Change, and the Future

This Article examines the nature of the threats that climate change poses and will continue to pose for salmon recovery, as well as possible legal responses to combat these threats. It also considers the future prospects of Pacific salmon in a world that will include significant climate change and other threats to preserving and equitably apportioning the salmon resource, whose environmental sensitivity and expansive life cycle will continue to pose substantial challenges for the foreseeable future.

Too Little Too Late: Underregulation of Contaminants of Emerging Concern

Underregulation is a common and persistent environmental law problem, with recent scholarly focus on individual contaminants of emerging concern (CECs), whose harm is not fully known. But little attention has been given to the general trend of underregulation with respect to these chemicals, or explaining why this systematic underregulation occurs. This Article posits that federal agencies have been unacceptably slow to initiate protective regulations, and even once regulations are promulgated, they leave regulatory gaps that continue to expose populations to harmful effects.

The Past, Present, and Future of Women in Environmental Law

The field of environmental law has seen many changes over the years, with demonstrable legal and policy victories for cleaner air and water. While the face of the environmental movement in its beginnings was predominantly male, women have become more prominent and influential within environmental law and policy over the decades.

Hazy Regulations: Cannabis and the Environment

The U.S. legal cannabis market is an estimated $60 billion industry, with approximately 28,000 businesses operating and employing upwards of 300,000 people, and growing rapidly. Large-scale cultivation requires significant energy usage, nutrient and pesticide inputs, and water usage, resulting in cumulative environmental impacts. Addressing these concerns raises complex legal issues because of cannabis’ federal classification as a Schedule 1 narcotic, which prevents federal agencies from collecting data on, providing guidance to, or regulating the industry.

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.