The U.S. Environmental Protection Agency’s (EPA’s) enforcement program has long been the backbone of environmental enforcement in the United States. That program may now be bound for dramatic…

Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and…

On January 17, the U.S. Supreme Court heard argument in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. These cases discuss the National…

The U.S. Supreme Court's October Term 2022 had major implications for environmental law, including its most significant Clean Water Act decision ever. Upcoming cases in October Term 2023 have the…

Green startups play a crucial role in the transition to a sustainable economy, yet there is a gap in the literature about the legal and policy challenges these startups face. This Article seeks to…

Congress in the 2020s has authorized three new environmentally focused grant programs relating to western waters and appropriated $450 million in multi-year funding. The Bureau of Reclamation is…

This Comment argues that the False Claims Act (FCA) can now be used to enforce the Inflation Reduction Act's waste emissions charge and its royalties on vented and flared gas. It first explains…

Plastic pollution is a global environmental problem with a disproportionate impact on marginalized communities and other vulnerable groups. On June 27, 2023, the Environmental Law Institute (ELI…

This Comment argues that what is needed to make sustainability work for business is a National Business Sustainability Council that would develop and promulgate sustainability criteria, be able to…

James O. “Jim” McDonald was the first director of enforcement in the U.S. Environmental Protection Agency’s (EPA’s) Midwest regional office. His privately published autobiography, Holes in My…