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Articles on Environmental law

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Roads divide what once was a larger wetland into four smaller pools in east-central North Dakota. AP Photo/Charlie Riedel

The US is losing wetlands at an accelerating rate − here’s how the private sector can help protect these valuable resources

The Supreme Court drastically reduced federal protection for wetlands in 2023. Two environmental lawyers explain how private businesses and nongovernment organizations can help fill the gap.
AAP Image/Supplied by Natural Resources Access Regulator

Water theft laws and penalties in the Murray-Darling Basin are a dog’s breakfast. Here’s how we can fix them

Inconsistent laws and penalties for water theft in the Murray-Darling Basin make compliance and enforcement especially challenging. But it doesn’t have to be this way.
The number of lawsuits related to climate justice is increasing. chayanuphol/Shutterstock

Three secrets to successful climate litigation

As new climate-related cases are brought to court, our expert outlines key aspects that could change the legal landscape.
Aerial view of the Pinto Valley copper mine, located on private and U.S. national forest lands in Gila County, Ariz. Wild Horizon/Universal Images Group via Getty Images

Gold, silver and lithium mining on federal land doesn’t bring in any royalties to the US Treasury – because of an 1872 law

Hard rock minerals like gold, silver, copper and lithium on public lands belong to the American public, but under a 150-year-old law, the US gives them away for free.
Benjamin J. Richardson

Private landholders control 60% of the Australian continent – so let’s get them involved in nature protection

Legally binding deals struck with landholders can help protect and restore the environment over the long term.
NEPA requires federal agencies to analyze environmental impacts of projects like interstate highway construction. John Bohn/The Boston Globe via Getty Images

Will faster federal reviews speed up the clean energy shift? Two legal scholars explain what the National Environmental Policy Act does and doesn’t do

Do environmental reviews improve projects or delay them and drive up costs? Two legal scholars explain how the law works and how it could influence the ongoing transition to renewable energy.
Many ecologically important wetlands, like these in Kulm, N.D., lack surface connections to navigable waterways. USFWS Mountain-Prairie/Flickr

The Supreme Court just shriveled federal protection for wetlands, leaving many of these valuable ecosystems at risk

In Sackett v. EPA, a suit filed by two homeowners who filled in wetlands on their property, the Supreme Court has drastically narrowed the definition of which wetlands qualify for federal protection.

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