Science And Deference: The “Best Available Science” Mandate is A Fiction in the Ninth Circuit

This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment.   By Elizabeth Kuhn, J.D. Candidate 2017, Lewis & Clark Law School I. Introduction Many recent decisions by the Ninth Circuit[1] have required the court to review agency actions under the Administrative Procedure Act[2] (APA) arbitrary… Continue reading Science And Deference: The “Best Available Science” Mandate is A Fiction in the Ninth Circuit

An Ecology of Liberation: The Shifting Landscape of Environmental Law in an Era of Changing Environmental Values

This post is part of the Environmental Law Review Syndicate.  Click here to see the original post and leave a comment. By Michael Zielinski, William & Mary Law School, Class of 2017   Introduction   In 1971, the Peruvian theologian and Dominican priest Gustavo Gutiérrez published his seminal work, A Theology of Liberation, in which he… Continue reading An Ecology of Liberation: The Shifting Landscape of Environmental Law in an Era of Changing Environmental Values

WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow

This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. By Hume Ross, Georgetown Environmental Law Review Introduction Before World War II, Japanese Admiral Yamamoto wrote: “Because I have seen the motor industry in Detroit and the oilfields of Texas, I know Japan has no… Continue reading WWII-Era Government Contractor Indemnification Clauses Come to the Fore in CERCLA Litigation as Other Grounds to Shift Costs to the Government Narrow