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LPE Originals

To Democratize Environmental Law, Let Ordinary People Decide

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Environmental law has never felt so undemocratic. On nearly every aspect of environmental protection, the federal government is disconnected from the desires of its citizens. The best most citizens can hope for is that a still-distant election will produce a friendlier administration, one that will manage to embrace our priorities despite the immense influence of industry. There’s an irony beneath that sense of powerlessness, one that reveals a tragic flaw in modern environmental law. I want to both explore that flaw and introduce a tool from environmental law’s past that might help fix it. It’s a tool that entrusts ordinary people to decide: the jury.
LPE Originals

Riding the Bus to a Green New Deal

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In a recent video, “A Message From the Future,” Rep. Alexandria Ocasio-Cortez’s voiceover imagines a time when climate collapse has been averted. Now a seasoned member of Congress, she rides the bullet train to the Capitol. It’s a whimsical opening to a compelling narration. But it raises two important questions: first, will the Green New…
LPE Originals

Human Waste Management

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This post explores “extraction” as a keyword for analyzing the social and ecological world. Like “reproduction,” “extraction” has a Marxist pedigree, but it also carries at least four connotations that “reproduction” doesn’t. The first is non-renewability; the second is corruption; the third is waste; and the fourth is violence.
LPE Originals

The Green New Deal: What’s Green? What’s New? What’s the Deal?

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During their first weeks in the new U.S. Congress, U.S. Representative Alexandria Ocasio-Cortez and her colleagues already have done something no other American political figure has managed for decades. They have got the whole country, and indeed much of the world, talking about massively transformative public investment as a real prospect. The ‘Green New Deal’ exceeds…
LPE Originals

Environmental Trumpism at Bears Ears

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The enormities keep coming. The Trump Administration is especially busy in environmental and natural resources law, where the executive branch can get a lot done without Congress. There’s the elimination of the Clean Power Plan, the revival of offshore drilling, withdrawal from the Paris Agreement on climate change, repeal of rules to protect streams from…
LPE Originals

Just Transitions?

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“Either Way the Outlook is Dire, Especially for the Poor.” So concludes a journalist after reviewing a draft report by the International Panel on Climate Change (IPCC) on the environmental justice and human rights consequences of climate change. The 800-plus page report, which is not yet publicly available, details the effects of a 1.5 degree…
LPE Originals

Understanding Environmental Law as Public Provision

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A law-and-political-economy (LPE) approach illuminates environmental law in a few ways. It highlights that environmental law is a prime example of the ways law is generative, even in areas where it is imagined as reactive, and how it channels and responds to contested values even where it is imagined as technocratic. Law does not so…