In the absence of legislative action on climate change by the federal government and many...

This short essay does three things. First, it provides a primer on the most recent...

This essay provides an overview of the worldwide phenomenon of constitutional environmental rights. Since the...

This paper is adapted from remarks at the Berkeley/Georgetown/Environmental Law Institute-sponsored symposium on Citizens, Courts...

This is a foreword to a compendium of writings by our lost friend and colleague,...

The principle of “sustainability” is soon to mark its 40th anniversary. It is a concept...

The author of this article says the last term of the U.S. Supreme Court was...

This short piece describes the program, speakers and extras of the ABA’s 38th Annual Conference...

This article examines the extent to which constitutionally embedded fundamental environmental rights have met the...

Recently states and individuals have turned to federal common law causes of action to provide...

This Article examines the shape of things to come in the overlapping realm of federalism...

Chief Justice Rehnquist figures prominently in recent historic environmental case law addressed by the Supreme...

This article is about the growing field at the intersection of environmental and constitutional law....

This article discusses the extent to which nations worldwide have constituted such “fundamental environmental rights”...

Chief Justice William H. Rehnquist was uniquely situated to have a profound impact on the...

This chapter discusses available causes of action for and defenses to citizen suits under the...

The article chronicles the aftermath of three decades of agency forcing litigation aiming to jump...

This compilation article provides a rare behind the scenes glimpse into landmark environmental cases from...

This article serves as a companion reader to “Environmental Citizen Suits at Thirtysomething: A Celebration...

This article surveys and analyses trends in the astonishing arena of environmental citizen suits. Environmental...

This article discusses reports recent developments involving particularly interesting juridical and administrative pronouncements in the...

This article discusses first-time regulations designed to implement Delaware’s Coastal Zone Act (CZA). Propelled by...

This article tells the story of an historic lawsuit to protect clean water, habitat and...

This article examines the definition, the role and the difficulties of implementation of sustainable development...

This Article has three principal purposes. First is to explain the genesis of Section 316(b)...

This article predicted that one of the most important issues in future tort litigation would...

One of the principal objectives of the Clean Air Act Amendments Act of 1990, contained...

This is a chapter of a recently published book that examines how constitutional law shapes...

The U.S. Constitution propels the majority of environmental litigation. Thirty years ago, constitutional issues seldom...

We have entered an interesting constitutional era, one in which a rising sea level will...

This article examines recent developments in the interpretation of the words “addition,” “pollutant,” and “point...

This article provides the latest developments about TMDL lawsuits nationally. It concludes that the results...

Although the Clean Water Act has been in effect for over thirty-three years, many aspects...

This paper outlines the influence of federal, state and international constitutional law on measures to...

The Clean Water Act allows citizens to sue the EPA to “perform any act or...

Total Maximum Daily Load (TMDL) litigation is a heavily controversial area within environmental law. This...

Citizens have filed more than two dozen suits and sent nearly four dozen notices of...

This article explores how scientific and engineering principles are inexorably linked to the regulation of...

This is an amicus brief written by Professors Jim May (Widener) and Jared Goldstein (Roger...