ELI Constitutional Environmental Law Writing Competition: Past Winning Essays



An American [State] in Paris: The Constitutionality of States' Commitments to the Paris Agreement
Kristin McCarthy
, William & Mary Law School

Honorable Mention:

The First Amendment Implications of a Mandatory Environmental, Social, and Governance (ESG) Disclosure Regime
Rebecca Susko,
Fordham University School of Law




Decentralization and Deference: How Different Conceptions of Federalism Matter for Deference and Why that Matters for Renewable Energy
Ben Raker,
Vanderbilt Law School

Honorable Mention:

Water Wars: Original Jurisdiction & Solving Interstate Water Disputes Through an Appellate Process
Catherine Danley, University of Utah S.J. Quinney College of Law




Throwing Shade: The Case Against Judicial Interference With Solar Net Metering Policies
Megan McLean
, Vanderbilt Law School




Pesticides, Water Quality, and the Public Trust Doctrine
Joel Reschly
, Lewis & Clark Law School

Honorable Mentions:

Fighting for Air in Indian Country: Clean Air Act Jurisdiction in Off-Reservation Tribal Lands
Purba Mukerjee,
University of California Berkeley School of Law

The Final Auer: Constitutional Challenges To A Fundamental Principle Of Administrative Law
Erica Shell
, Wayne State University Law School




Pike Balancing: Vulnerabilities of State Greenhouse Gas Regulations and Possible Solutions
Paul Stewart
, Wayne State University Law School
Click here for a press release on the 2014 competition

Honorable Mentions:

Of Constitutions and Cultures: The British Right to Roam and American Property Law
Jess Kyle
, University of Maryland Francis King Carey School of Law

Koontz v. St. Johns River Water Management District: Will It Impact Mitigation Conditions in §404 Permits?
Carys Arvidson
, Tulane University Law School



The Fraudulent Misrepresentation of Climate Science
James E. Flynn III
, Georgia State University College of Law
Click here for a press release on the 2013 competition



When the Standing Doctrine Closes a Door, May Intervention Open a Window? How Article III Standing and Rule 24(a) Intervention Could Shape Climate Change Solutions
Melissa Waver, Suffolk University Law School
Click here for a press release on the 2012 competition



The Attack on Frack: New York's Moratorium on Hydraulic Fracturing and Where It Stands in the Threat of Takings
Holli Brown, Vermont Law School
Click here for a press release on the 2011 competition



The Political Question Doctrine's Role in Climate Change Nuisance Litigation: Are Power Utilities the First of Many Casualties?
Nathan Howe, Washington and Lee University School of Law
Click here for a press release on the 2010 competition



Run Aground Again: The Exxon Valdez's Collision with the Supreme Court's Punitive Damages Jurisprudence
Shawn LaTourette, Rutgers University School of Law-Camden
Click here for a press release on the 2009 competition



Where Federalism and Globalization Intersect: The Western Climate Initiative as a Model for Cross-Border Collaboration among States and Provinces
Jeremy Lawrence, University of Southern California School of Law
Click here for a press release on the 2008 competition




Foreign Affairs Preemption: The Legality of California's Link with the European Union Emissions Trading Scheme
Hannah Chang, Yale Law School
Click here for a press release on the 2007 competition

Honorable Mentions:

Garamendi's Unspoken Assumptions: Assessing Executive Foreign Affairs Preemption Challenges to State Regulation of Greenhouse Gas Emissions
Kimberly Breedon, University of Cincinnati College of Law

National Association of Home Builders v. Defenders of Wildlife and the Meaning of Agency "Discretion"
Linus Chen, Emory University School of Law




Foxes Guarding the Henhouse: How to Protect Environmental Standing from a Conservative Supreme Court
Amy L. Major, University of Maryland School of Law
Click here for a press release on the 2006 competition

Honorable Mentions:

Recognizing the Limits of Water Rights: Rejecting Takings Claims in Klamath Irrigation District v. United States
Esther L. Westbrook, Lewis & Clark Law School

The Brief and Unexpected Preemption of Hawai'i's Humpback Whale Laws: The Authority of the States to Protect Endangered Marine Mammals under the ESA and the MMPA
Koalani Laura Kaulukukui, University of Hawai'i' William S. Richardson School of Law