Pace Environmental Law Review

Republicans in Congress held the payroll tax cut extension hostage specifically to force President Obama's hand on the Keystone  XL tar sands pipeline, looking for a "jobs versus the environment" talking point in the presidential election contest.   I join the rest of...

David Cassuto (x-post from Animal Blawg) The National Marine Fisheries Service (NMFS) has construed the Endangered Species Act to exclude captive populations of  the endangered Southern Resident killer whale population.  This means that these endangered orcas  are...

A state administrative case we've been watching addresses the question whether an egg farm can be required to get a Clean Water Act NPDES permit for discharges of chicken feathers and litters into the air through its ventilation exhaust fans.  The North Carolina DENR...

The transcript from today's SCOTUS argument in Sackett v. EPA is out.  Sackett is a landowner challenging an EPA CWA § 309 Administrative Compliance Order that directed him to cease wetlands fill activities and restore wetlands on his lot, where he was building a...

Reading between the lines of Governor Andrew Cuomo's State of the State address on Wednesday, 2012 may be a year of project related environmental battlegrounds in New York. Governor Cuomo reiterated his support for a fast-tracked replacement project for the Tappan Zee...

If you have had a little trouble following the international goings on, what with climate change and the run-up to Rio+20 next June, you are not alone.   The climate negotiations are difficult enough to keep up with, but Rio definitely requires a roadmap.  Fortunately...

by Elizabeth Burleson The Durban agreements provide a mandate with which all greenhouse-gas emitting countries will commit to a common UN legal regime as early as possible but no later than 2015. Country parties also agreed that the new deal will take effect no later...

Details are still sketchy, but last week's Durban COP-17 meeting appears to have resulted in a "road map" for negotiations that would lead to a binding "legal framework" for emissions reductions -- to be negotiated by the December 2015 conference of the parties, and...

David Cassuto In 2010, a Brazilian colleague and I were invited to lecture on environmental permitting at the Federal University of Pará in Belem, Brazil. The state of Pará is to be home to the proposed Belo Monte Dam. Nonetheless, we deliberately chose not to discuss...