Vol. 41 No. 3


By:  Andrew Ratzkin This past fall, in a pair of remarkable speeches at New York University and Columbia University, Governor Cuomo issued forceful, groundbreaking statements and demonstrated real leadership on climate change. He bluntly articulated the problem, and asserted its reality in direct, unequivocal terms. At the Columbia event, and elsewhere, New York’s Reforming the Energy Vision (“REV”) has been highlighted as the key pillar of the State’s climate change policy, the vehicle via which the State’s ambitious greenhouse gas (“GHG”) emissions reduction goals—forty percent reduction from 1990 levels by 2030, eighty percent reduction by 2050—would be achieved. This Article considers the REV from the standpoint of whether this initiative is likely to deliver on this promise. The New York State Public Service Commission (the “Commission”) has identified reduction of carbon emissions as one of six policy objectives associated with the REV.5 Yet, climate goals, to the extent identified in the […]

You Say You Want a REV Solution: Considering New York’s Marquee Energy Initiative as Climate ...


By: Thomas J. Herron Elon Musk, founder of California-based aerospace company SpaceX, was recently called a “supervillain” on The Late Show with Stephen Colbert after revealing his idea to detonate thermonuclear devices over the poles of Mars. Musk does not have sinister intentions; he wants to terraform the Martian atmosphere so that future generations of humans can live there.3 Musk has long been an advocate of colonizing Mars, arguing that a multi-planetary presence can safeguard the survival of humanity in the future, especially if a catastrophic event ever occurs on Earth. Musk believes that Mars has great potential to support human life in the future, and his plan to create a habitable Martian atmosphere is intriguing. Special nuclear devices would be detonated in space over the planet’s polar ice caps, “creating two tiny pulsing ‘[S]uns’ over the regions.” In theory, generating large amounts of heat over the Martian poles could vaporize […]

Deep Space Thinking: What Elon Musk’s Idea to Nuke Mars Teaches Us About Regulating the ...


By:  Jeffrey T. Hammons   Judicial review is vital to clarifying and enforcing environmental laws in the United States. The public can use judicial review to protect the environment and hold the government accountable for environmental harms. Redressing environmental harm is often led by non-governmental organizations (“NGOs”) specializing in environmental issues. However, the modern standing doctrine can be a barrier to redressing environmental harms because it is not flexible enough to address the unique factual situations that arise in environmental litigation. One situation that current standing doctrine struggles to address is when government action affects the public generally, but no individual person is harmed in a specific manner. That scenario can occur, for example, when the government fails to address a pollutant known to be harmful due to its climate change implications, as addressed in Massachusetts v. EPA. Another frequent situation is when government action affects a particular environment, but […]

Public Interest Standing and Judicial Review of Environmental Matters: A Comparative Approach



By:  Myanna Dellinger Cecil the Lion. The name speaks for itself: famed alpha male lion lured outside a Zimbabwean national park to be shot for “sport” by American dentist Walter Palmer in the summer of 2015. Palmer reportedly shot Cecil with a crossbow, then stalked the lion for forty hours before finally killing and beheading it. Palmer reportedly paid over fifty thousand U.S. dollars to a local hunting guide and landowner for the hunt. In such “trophy hunting” agreements, wealthy individuals, typically from the Global North, pay locals such as guides or landowners, often in the Global South, to assist with the planned hunt of rare—if not outright threatened or endangered—species such as lions, polar bears, black rhinoceroses, and giraffes for a fee as a private contractual arrangement. In other cases, hunters obtain government permits to kill and import a rare animal. Allegedly, trophy hunts contribute to local economies and […]

Trophy Hunting Contracts: Unenforceable for Reasons of Public Policy