Category Archives: Environmental Law

Memo to Environmentalists: Brace for the Three Ps

Erin Ryan is the Elizabeth C. & Claude W. Atkinson Professor at Florida State University College of Law This is the eleventh in a series of essays from the Environmental Law Collaborative on the theme: "Environmental Law. Disrupted." It’s a….. To continue reading this legal news please click Read full information...

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Designing Law to Prevent Runaway Climate Change

Melissa Powers is the Jeffrey Bain Faculty Scholar and Professor of Law, and Director of the Green Energy Institute at Lewis & Clark Law School. This is the ninth in a series of essays from the Environmental Law Collaborative on….. To continue reading this legal news please click Read full information...

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Liquid Business

By Vanessa Casado Pérez Vanessa Casado Pérez is Associate Professor of Law and Research Associate Professor of Agricultural Economics at Texas A&M University School of Law This is the eighth in a series of essays from the Environmental Law Collaborative….. To continue reading this legal news please click Read full information...

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How Is Natural Capital Assessment Being Used?

Read more detail on Recent Environmental Law posts – .. To continue reading this legal news please click Read full information...

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A Sliver of Hope for the Government’s Remaining NSR Enforcement Cases?

Earlier this month, the 5th Circuit Court of Appeals granted something of a reprieve to EPA’s New Source Review enforcement initiative.  The Court first confirmed what everyone other than EPA and DOJ already knew – that failure to get a pre-construction permit is a one-time offense, so that penalty claims for alleged violations more than five years prior to filing are barred by the statute of limitations. However, the Court then surprised most observers by holding that expiration of penalty claims did not doom the government’s claim for injunctive relief.  Specifically, the Court ruled that the “concurrent remedies doctrine,” which bars equitable remedies when no legal remedy is available, cannot be applied to a sovereign. I’m not going to provide an exegesis of the doctrine, which carries more than a whiff of Jarndyce v. Jarndyce.  I’ll settle for three points.  First, it may not be a legal doctrine, but I’d….. To continue reading this legal news please click Read full information...

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