Articles

EELP faculty and staff are publishing groundbreaking scholarship in law journals and producing articles for general and legal audiences in other publications.

2020

Aug. 2020 US Disaster Displacement in the Era of Climate Change: Discrimination & Consultation Under the Stafford ActHannah Perls, Harvard Environmental Law Review

May 1, 2020 Changing Expectations for Financial Disclosure of Climate-Related Information, Hana Vizcarra, Columbia Law School’s Blue Sky Blog

March/April 2020 Seventy-Four Inches, Professor Richard Lazarus

Feb. 14, 2020 How Statutory Interpretation of the Clean Air Act Serves the Trump Administration’s Deregulatory Agenda, Joe Goffman and Laura Bloomer, Case Western Reserve Law Review

Jan./Feb. 2020 In Covering the Judiciary, I Most Recall Some Truly Great Lawyers, Professor Richard Lazarus

Jan. 31, 2020 The Reasonable Investor And Climate-Related Information: Changing Expectations For Financial Disclosures, Hana Vizcarra, Environmental Law Rporter

2019

Dec. 2019 U.S. City Climate Commitments: Obstacles and Opportunities in the Building Sector Post-Paris Agreement, Maryland Journal of International Law, Vol. 34, Symposium Issue: Transnational Perspectives on U.S. Withdrawal from the Paris Climate Agreement, Caitlin McCoy

Nov./Dec. 2019 Two Cases Counter Trend of Less Importance to Environmental Law, Professor Richard Lazarus

Sep./Oct. 2019 Analytics Reveal Key Trends and Themes in Environmental Litigation, Professor Richard Lazarus

July/Aug. 2019 EPA Loses in Court Again – but Outcome Didn’t Follow the Script, Professor Richard Lazarus

June 2019 Climate-Related Disclosure and Litigation Risk in the Oil & Gas Industry: Will State Attorneys General Investigations Impede the Drive for More Expansive Disclosures?, Vermont Law Review, Vol. 43, Book 4, Hana Vizcarra

May/June 2019 May Courts Review Congressional Act Compliance by Agencies?, Professor Richard Lazarus

April 4, 2019 Op-Ed: So You Say You Support Methane Regulation? Here’s How To Take ActionJoe Goffman and Hana VIzcarra

March/April 2019 Climate Litigation Has at Least for Now Dodged a Possibly Fatal Blow, Professor Richard Lazarus explains that a ruling in the case alleging that the federal government has violated children’s constitutional rights would likely have been “harsh…with negative repercussions affecting all climate jurisprudence.”

Jan./Feb. 2019 Kavanaugh’s Ascent Is Enormously Significant for Environmental Law, Professor Richard Lazarus explores the potential consequences of Brett Kavanaugh’s appointment on environmental law based on the numerous environmental cases in which he participated on the D.C. Circuit.

Jan. 17, 2019 The Supreme Court Should Reject Requests for a Do-Over about State Clean Energy Programs, Ari Peskoe

2018

Nov./Dec. 2018 Reconstruct an Administrative Agency, Joe Goffman examines the structures that Scott Pruitt dismantled during his tenure at EPA.

Nov./Dec. 2018 The Prospect for Boring Times Is Becoming Increasingly Attractive, Professor Richard Lazarus

Sep./Oct. 2018 Kennedy’s Mark on Environmental Law Is Incalculable and Profound, Professor Richard Lazarus

July/Aug. 2018 William O. Douglas’s Former Clerk Sitting on Key Climate Change Case, Professor Richard Lazarus

May/June 2018 District Court to Decide Whether Antiquities Designations Are Final, Professor Richard Lazarus

March/April 2018 Will 2018 Be the Year of the Bird? If So, Not Necessarily a Good One, Professor Richard Lazarus

Jan./Feb. 2018 Justice Gorsuch Faces Case Where Neither Choice Entirely Satisfactory, Professor Richard Lazarus

2017

Nov./Dec. 2017 The Dignity of the States Is Being Lost in Environmental Litigation, Professor Richard Lazarus

Sep./Oct. 2017 A Big Blow Against the “Regulatory Takings” Economic Loss Argument, Professor Richard Lazarus

Aug. 2017 The Uncomfortable Convergence of Energy and Environmental Law, Harvard Environmental Law Review, Vol. 41, No. 2, Professor Jody Freeman examines the relationship between energy and environmental law, two historically disparate fields, which some scholars suggest have been “converging” in recent years.

July/Aug. 2017 Will Justice Gorsuch on Water Act Prove Different Than Scalia Would?, Professor Richard Lazarus examines what effect Justice Gorsuch’s appointment might have on the outcome of this case, and on environmental law itself.

May/June 2017 The Public Interest Bar Loses a True Giant in Citizen Jurisprudence, Professor Richard Lazarus

March/April 2017 A District Court Admonishes EPA; Will the White House Now Pile On?, Professor Richard Lazarus

Jan./Feb. 2017 What happens when a new White House opposes ongoing litigation?, Professor Richard Lazarus

2017 Easy Jurisdictional Tensions by Integrating Public Policy in Wholesale Electricity Markets, Energy Law Journal Vol. 38:1, Ari Peskoe explores FERC’s authority under the Federal Power Act to approve an RTO tariff that includes zero-emission energy procurement or a carbon price and concludes that approval of a wholesale market tariff that incorporates public policy goals is consistent with the generous construction of the FPA afforded by courts.

2016

Nov./Dec. 2016 Agencies Start Worrying that Deference May No Longer be Their Just Due, Professor Richard Lazarus

Sep./Oct. 2016 Who’s On First? District, Appeals Courts Grapple with Jurisdiction, Professor Richard Lazarus

July/Aug. 2016 Garland’s Environmental Record Shows a Preference for Consensus, Professor Richard Lazarus

June 2016 Unjust, Unreasonable, and Unduly Discriminatory: Utility Rates and the Campaign Against Rooftop Solar, Texas Journal of Oil, Gas, and Energy Law, Vol. 11, Issue 2, Ari Peskoe provides a primer on utility ratemaking that provides an historical perspective on recent and ongoing debates about rooftop solar utility rate reform.

May/June 2016 Legacy of an Environmental Skeptic, Professor Richard Lazarus

March/April 2016 Reviewing the Clean Power Plan — and the Fate of the Paris Agreement, Professor Richard Lazarus

Jan./Feb. 2016 Food Law Is the Next Great Area for Environmental Litigation, Professor Richard Lazarus

2015

Nov./Dec. 2015 The Nine Lives of the Roadless Rule, Professor Richard Lazarus

July/Aug. 2015 Reading on Rules: McCarthy’s Trifecta, Professor Richard Lazarus

May/June 2015 California Dreamin’: Court is the Leader, Professor Richard Lazarus

March/April 2015 Consider Requiring Cost-Benefit Test?, Professor Richard Lazarus

Jan./Feb. 2015 Chevron Front and Center This Term, Professor Richard Lazarus

2014

Dec. 2014 Old Statutes, New Problems, University of Pennsylvania Law Review, Vol. 163, No. 1, Professor Jody Freeman and Professor David B. Spence

Nov./Dec. 2014 Loss of the Law’s Foremost Stewards, Professor Richard Lazarus

Sep./Oct. 2014 Lawyer: It’s Raining Cert Petitions!, Professor Richard Lazarus

Fall 2014 Goal-Oriented Disclosure Design for Shale Oil and Gas Development, Natural Resources Journal, Vol. 54, No. 2, Kate Konschnik argues that disclosure laws are more effective when they are viewed as a means to achieving worthwhile policy goals. By thinking through when target audiences need information, how they use information, and where they get their information, disclosure law designers can draft disclosure laws that will hit their mark.

July/Aug. 2014 Keep on, Trucking: Justice Scalia, Professor Richard Lazarus

May/June 2014 PSD Regs for GHGs Just a Sideshow, Professor Richard Lazarus

March/April 2014 Leaders in Clean Air Act Litigation, Professor Richard Lazarus

Feb. 24, 2014 Shale Gas Development: A Smart Regulation Framework, Kate Konschnik and Mark Boling, Executive Vice President of Southwestern Energy Company. The peer-reviewed article presents the CO/RE framework — characterization of risk, optimization of mitigation strategies, regulation, and enforcement — to design tailored governance strategies. The framework raises key questions about early efforts to govern shale gas, and suggests paths forward.

Jan./Feb. 2014 This Term, It’s All About Air Pollution, Professor Richard Lazarus

Jan. 2014 U.S. Climate Change Law and Policy: Possible Paths Forward, Global Climate Change and U.S. Law, Second Edition, Professor Jody Freeman and Kate Konschnik