Rethinking the Resource Conservation and Recovery Act for the 1990s

The Environmental Law and Community Engagement Clinic at the University of Virginia School of Law filed this amicus brief on behalf of San Bernardino...

Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...

On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...

On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade.  In the...

There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...

On Aug. 14, a Montana district court released a groundbreaking decision for climate change activists. In Held v. Montana, the court announced that...

We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...

This article discusses the links between climate and debt sustainability by focusing on how climate mitigation and adaptation are paid for, and who...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

Environmentalists are frustrated that President Joe Biden agreed to greenlight the controversial Mountain Valley Pipeline, or MVP, as part of the...

The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed...

In 2021, the U.S. Supreme Court decided PennEast Pipeline Co. v. New Jersey. The case is often associated with a theory of private delegation--that is...

California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing...

The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen...

On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments...

The Supreme Court’s new term begins on the first Monday of October. But before delving into the most important environmental case yet to be heard, it...