Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity's part in...

In November 2016, just two days after the election of President Donald Trump, the federal district court in Oregon handed down Juliana v. Obama, a remarkable decision that refused to dismiss a lawsuit brought by youth plaintiffs who claimed that federal government's fossil fuel policies over the...

Resentment of the federal government's management of public lands runs deep in the arid West, where grazing, mining, and timber once predominated and remain important to rural communities. This resentment bubbled over in 2016 with the armed occupation of the Malheur National Wildlife Refuge in...

Communities affected by agricultural, forestry, and other resource investments urgently need increased funding for legal and technical support. Without support, communities risk losing access to critical land and resources, suffering human rights violations, or missing opportunities to benefit...

This Article examines the growing opposition to the use of eminent domain for energy transport projects such as oil pipelines, gas pipelines, and electric transmission lines. Such projects were protected from the state legislative reforms that restricted eminent domain following the Supreme...

As financial institutions and policymakers worldwide are considering how to integrate sustainability considerations throughout financial systems, a critical question is whether banks can effectively assess and monitor borrowers' environmental credit risk. China's green credit reforms, part of...

The view that intergenerational distributive justice and efficiency should be treated separately is familiar, yet controversial. This article elaborates the often-implicit justifications for separate treatment and provides a more express statement of how and when such treatment is appropriate....

There is growing impetus for a domestic U.S. climate policy that can provide meaningful reductions in emissions of CO2 and other greenhouse gases. I describe and analyze an up-stream, economy-wide CO2 cap-and-trade system which implements a gradual trajectory of emissions reductions (with...

This chapter of the edited collection 'Settling With Indigenous People' examines the recent history of Aboriginal land claims, self-government and resource development agreements in Canada's Northwest Territories. Through an analysis of the changing political and legal landscape of the Northwest...

In December of 1962, Vail opened as a ski area. The lodges, houses, condominiums, shops, and restaurants at its base became the nucleus of the emergent town of Vail and the prototype of the modern recreational gateway community. The term quot;gateway communityquot; did not originate in Vail. It...