Statutes of Limitations, Statutes of Repose, and Latent Harms

A warning sign posted outside the CTS property.  Credit: Jeremy P. Jacobs.

Can plaintiffs harmed years after exposure to toxic substances seek relief?

You may not have heard of CTS Corp. v. Waldburger.  At a glance, it is relatively unremarkable, a private nuisance suit between landowners and a retired manufacturing facility.  Much of the work on the plaintiffs’ side has been handled by students.  In a sense, the case hasn’t even begun yet—a judge found that the plaintiffs waited […]

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Berkeley and UCLA Law Students Take Top Spots at State Environmental Law Negotiations Competition

CalBar Negotiations Comp

Students bargain for environmental protection, economic benefits at annual event

Last Friday, the California Bar Association held its 15th Annual Student Environmental Negotiations Competition, at UCLA School of Law.  Negotiations competitions stand beside mock trial and moot court programs as means for students to gain experience with the kind of work they’ll be doing after law school.  The CalBar competition is open to all California […]

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Two good recent articles on environmental law

Regulating diffuse harms is a key future challenge for environmental law

JOTWELL is a blog dedicated to highlighting some of the best, recent legal scholarship.  I recently posted a review there of two excellent recent articles in environmental law — I think they’re both terrific because they both highlight what I think will be an increasingly important issue in the future of environmental law: How we […]

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In Memoriam: Joseph L. Sax, Gentleman, Scholar, Giant of Environmental Law


Visionary environmental advocate will be sorely missed, long remembered.

[Posted on behalf of all Legal Planet authors at Berkeley Law.] It is with great sadness that we share the news of the passing of Joseph L. Sax, James H. House and Hiram H. Hurd Professor of Environmental Regulation (Emeritus) at Berkeley Law. Joe was our hero, our teacher, our mentor, our colleague, our friend. […]

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Another opportunity for junior scholars

Call for papers for Sabin Colloquium on Innovative Environmental Law Scholarship

I’m happy to see that the opportunities for junior scholars to workshop papers are multiplying. In addition to the University of Washington workshop we recently noted, Columbia will be hosting its 2d Annual Sabin Colloquium on Innovative Environmental Law Scholarship. The Colloquium will take place May 8-9, 2014. Travel costs will be covered for all […]

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Attention junior scholars

University of Washington to hold third annual Young Environmental Law Scholars Workshop

The University of Washington has issued a call for abstracts for its 3rd annual Young Environmental Law Scholars Workshop. Here’s how the organizers describe it: This collegial two-day workshop features discussion of works-in-progress by early career environmental law scholars: professors with two or fewer years of tenure, pre-tenure professors, visiting assistant professors, or legal fellows. […]

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New on Ecology Law Currents

Overtopping Embarcadero, San Francisco, during king tide. Courtesy California Coastal Commission, Photo © Mike Filippoff

Ecology Law Currents, ELQ’s online companion, features lively short-form commentary. Check out the latest, an analysis of California’s cap-and-trade program. Author Penni Takade argues that the program has two key weaknesses: The first weakness is the process of allocation for GHG allowances to regulated firms. Under California’s allocation process, cap and trade will exacerbate economic […]

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Scholarship Trends in International Environmental Law

What do the numbers show about the trajectory of scholarship in international environmental law?

It can be difficult to identify patterns  in legal scholarship.  One way of doing that is to check on the frequency of key words, using Westlaw or Lexis-Nexis to track the numbers.  There are some interesting patterns in scholarship on international environmental law: The field came into its own in the decade from 1987 and […]

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