Federal environmental law recently celebrated its 40th birthday and much has been said about it in the past four decades. Today, however, little is said about the role the third sovereign, tribal nations, plays in the development of environmental law. Although some scholarship exists regarding...

This Article traces how policy reversals in the first years of the Trump Administration implicate protections for diverse, low-income communities in the context of environmental pollution and climate change. The environmental justice movement has drawn critical attention to the persistent...

Environmental law usually features statutory interpretation or administrative interpretation by a single agency. Less frequent is a close look at the mechanics of implementing environmental policy across agency lines. In this article, we offer such a look: a comparative analysis of five statutes...

The public trust doctrine is an ancient doctrine of public property law that governs sovereign stewardship of natural resources. The doctrine both promote public access to trust resources and requires sovereign protection of them for the benefit of the public, including future generations. The...

This essay, written for a symposium commemorating the 25th anniversary of the publication of Charles Reich's famous article, quot;The New Propertyquot;, maintains that the 1964 article, which argued for procedural protection for government benefits like social security and unemployment...