The Environmental Forum

Volume 39 Issue 1

January-February 2022

This issue's articles are available below.

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The Supreme Court Justices in front of mountain scenery

LEAD FEATURE Orders issued without plenary review and oral argument used to be rare at the Supreme Court. That changed under the Trump administration. The result was emergency stays issued on average every two months, almost exclusively favoring conservative policy outcomes.

By Robert V. Percival
University of Maryland Law School

With SIDEBARS by two professors who shed light on the Supreme Court's dark orders

Two drawings of salmon swimming around each other on a white background

CENTERPIECE Tribes have unique legal authorities and a seat at the table for some of the hardest decisions facing our country, which means that working with them to achieve desired outcomes can be pivotal to success in resources management.

By Bella Sewall Wolitz
Brownstein Hyatt Farber Schreck

With a SIDEBAR by a Native American law school dean

A drawing of a person with a pencil and a notepad pointing up

COVER STORY When it comes to judicial review of administrative action, the scales of justice are heavily weighted on the agency’s side. The process could benefit from a more rigorous and transparent approach to building and testing the decisionmaking record.

By Adam Babich
Tulane Law School

With SIDEBARs by a professional who was challenged and by one who challenges

A man in a gingham shirt talking and gesticulating in front of a leafy background

TESTIMONY How should we understand responsibility in the context of the climate crisis? The answer lies in the legal tools already at our disposal.

By Gerald Torres
Yale School of the Environment
The Debate: The New Toxic Substances Control Act Is Now Five Years Old: A Report

Environmental justice has received heightened political attention in recent years. President Biden has highlighted EJ as a key part of his agenda, and institutions nationwide now consider justice and equity in their cultures. Governments at all levels are reexamining how to level the distribution of environmental benefits and burdens. Meanwhile, companies are focusing on the communities in which they operate.

By Arielle King, Jason Williams, Marco Merrick, Fred Tutman, Dana Johnson and Stacey Sublett Halliday
Environmental Law Institute, Dominion Energy, Department of Public Works, Baltimore City, Patuxent Riverkeeper, WE ACT for Environmental Justice, Beveridge & Diamond
By: David P. Clarke

Net-Zero Not Yet in Sight After Conference of Climate Parties

By: Craig M. Pease

Role of NERC and Engineering Standards in Grid's Reliability.

By: Linda K. Breggin

State and Local Efforts to Divert Organic Waste Steadily Advance

By: Bethany A. Davis Noll

With the ACE Rule Cert Grant, Where Is the Court Headed?

By: Joseph E. Aldy

Is the Recent Run Up in Energy Prices Good for the Environment?

By: G. Tracy Mehan III

On Green Taxes as Answer to Pollution

By: Stephen R. Dujack, By: Akielly Hu

On Environmental Impact of Space Junk

By: Akielly Hu

Keep track of colleagues' job changes and honors.

By: Akielly Hu

Browner Receives Award, Jordan Named ELI President.

By: Scott Fulton

On Why World Needs ELI's Creative Best.