Brief of Tri Valley Law as Amicus Curiae in support of the Hobby Lobby parties in their challenge to the contraception mandate in the Affordable Care Act. This brief was the basis for a subsequent paper on the case, specifically, and the First Amendment Free Exercise Clause implications of the...

This amicus brief was filed in the Federal Energy Regulatory Commission v. Electric Power Supply Association energy law demand response case (and companion case brought by EnerNOC and others), which the U.S. Supreme Court will hear in fall 2015. It was co-authored by Joel Eisen (University of...

This article examines two of the major water legal regimes in the Americas - that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen...

This article offers a discussion of the U.S. agricultural sector and its current focus on an industrialized model of production. Challenges to the longterm sustainability of this approach are presented and an approach based more on natural processes is advocated. The article was prepared for the...

The world is currently addicted to its main energy source – oil. The oil demand resulted in the inception of deep and ultra-deep offshore oil exploitation, an inherently dangerous activity. Following an introduction, this article looks at the marine pollution from offshore operations. It also...

On January 13, 2022, the Supreme Court issued 2 landmark rulings on the federal government’s power to mandate COVID-19 vaccinations. The Court curtailed the government’s ability to respond to the pandemic and may have also severely limited the authority of federal agencies to issue health...

Nearly every U.S. state has environmental provisions in its constitution. These provisions cover a wide range of issues concerning the manner in which the environment and natural resources are to be governed (e.g., public funding, eminent domain, public trust, access to water, legislative...

The history of environmental justice litigation in federal, state, and administrative courts illustrates how difficult it is to remedy intersectional harm using a single legal tool. In the United States, there is no federal “environmental justice law” that litigants can wield in court. The...

Without participation of the United States, the world?s largest emitter of greenhouse gases, mitigation of global climate change seems hardly conceivable. Despite the U.S. rejection of the Kyoto Protocol and the reluctance of the Bush administration to engage in Post-Kyoto negotiations, recent...