As of August 1, 2009, Pace Environmental Law Review (PELR) will use a new Peer Review process to select articles for publication. Submissions will be reviewed internally and then forwarded to a select group of Peer Reviewers: academics, practitioners, and experts in the field, including members of Pace Law School's world-renowned environmental law faculty. The Peer Review process will offer new and distinctive opportunities to foster continued debate and reflection upon some of the most pressing topics within the field of environmental law.

Submissions from 2009

Introduction: Lloyd K. Garrison Lecture on Environmental Law

Letter to Our Readers

Twenty-First Annual Pace University Law School National Environmental Law Moot Court Competition

Global Climate Change: A Civic Republican Moment for Achieving Broader Changes in Environmental Behavior, Hope M. Babcock

2009 Moot Court Problem, Caroline Blanco, Sherry Hutt, Gary Nurkin, David Tarler, and Ole Varmer

Private Public Interest Environmental Law: History, Hard Work, and Hope, John E. Bonine

Is New Always Better? The Case For License Renewal In The Next Generation, Tamar J. Cerafici

General Permits Under Section 404 of the Clean Water Act, Steven G. Davison

Negligence in the Paint: The Case for Applying the Risk Contribution Doctrine to Lead Litigation — A Response to Gray & Faulk, Peter G. Earle, Fidelma Fitzpatrick, and Douglas M. Raines

An Economic Analysis Of The Nuclear Liability Subsidy, Michael G. Faure and Karine Fiore

How States and Municipalities Can Retain the Power to Regulate Rail Carrier-Owned Solid Waste Transfer Facilities in the Context of the Metro Enviro Transfer, LLC v. Village of Croton-on-Hudson and Buffalo Southern Railroad, Inc. v. Village of Croton-on-Hudson Decisions, Christina Hawkins

Best Brief – The United States of America, Gabrielle Janssens, Michael Minkler, and Monica Bauman

Carbon Capture and Storage: Wishful Thinking or a Meaningful Part of the Climate Change Solution, Michael I. Jeffery

The Elk Creek Dam Story, Neil Kagan

Attorneys’ Fees In Environmental Citizen Suits and the Economically Benefited Plaintiff: When Are Attorneys’ Fees and Costs Appropriate?, Michel Lee

Environment, Law, and Nonprofits: How NGOs Shape Our Laws, Health, and Communities, Peter Lehner

Best Brief – The Kingdom of Spain, Joseph Matthews and Wei Xiang

Contextualizing Environmental Human Rights: A Relativist Perspective, Roda Mushkat

The Globalization of Environmental Law, Robert V. Percival

Regulating Nuclear Power In The New Millennium (The Role Of The Public), Anthony Z. Roisman, Erin Honaker, and Ethan Spaner

2009 Judges’ Edition Memorandum, Taryn L. Rucinski

In Search of a Cause: Addressing the Confusion in Proving Causation of a Public Nuisance, Steven Sarno

The European Directive on the Protection of Groundwater: A Model for the United States, Richard Thomas

Spotlight On Safety At Nuclear Power Plants: The View From Oyster Creek, Richard Webster and Julia LaMense

David Sive Award Best Brief Overall– Galleon Enterprises, Inc., Sarah Williams, Elizabeth Pletan, and Matt Riley

Submissions from 2008

Brief for Industry Plaintiffs – Appellants: Twentieth Annual Pace National Environmental Law Moot Court Competition

Brief for Laconic Baykeeper, Inc., Ima Fisher, Sam Schwimmer, Appellants/Cross-Appellees: Twentieth Annual Pace National Environmental Law Moot Court Competition

Brief for Stephen Johnson, Administrator, U.S. Environmental Protection Agency, Appellee: Twentieth Annual Pace National Environmental Law Moot Court Competition

Environmental Law in New York State: The Past as Prologue to the Future: Eighth Annual Gilbert and Sarah Kerlin Lecture on Environmental Law, John P. Cahill

Animal Farm Jurisprudence: Hiding Personal Predilections Behind the "Plain Language" of the Takings Clause, Stephen M. Durden

"Negligence in the Air?": Should "Alternative Liability" Theories Apply in Lead Paint Litigation?, John S. Gray and Richard O. Faulk

Organic Plus: Regulating beyond the Current Organic Standards, Kate L. Harrison

Earth Jurisprudence: The Moral Value of Nature, Judith E. Koons

Keeping the Coast Clear: Lessons about Protecting the Natural Environment by Controlling Industrial Development under Delaware's Coastal Zone Act, Kenneth T. Kristl

The Pardy-Ruhl Dialogue on Ecosystem Management Part V: Discretion, Complex-Adaptive Problem Solving and the Rule of Law, Bruce Pardy

Some Thoughts on the Role of Substantive Due Process in the Federal Constitutional Law of Property Rights Protection, Eric Pearson

The Legalities of Stream Interventions: Accretive Changes to New York State's Riparian Doctrine Ahead?, D.S. Pensley

Blanco v. Burton: What Did We Learn from Louisiana's Recent OCS Challenge?, Ryan M. Seidmann and James G. Wilkins

Agency Inaction and the Regulatory Commons Theory: Lessons from New York State's Experience with Dry Cleaner Co-Location, John A. Vassallo, III

Submissions from 2007

Best Brief for Appellant (Province & Village): Nineteenth Annual Pace National Environmental Law Moot Court Competition

Best Brief for Appellee (EPA): Nineteenth Annual Pace National Environmental Law Moot Court Competition

David Sive Award for Best Brief Overall: Brief for Appellees (the Companies): Nineteenth Annual Pace National Environmental Law Moot Court Competition

Mining and the World Heritage Convention: Democratic Legitimacy and Treaty Compliance, Natasha Affolder

Motivating Enforcement: Institutional Culture and the Clean Water Act, William L. Andreen

Minding the Public Interest: How the Not-So-Effective Standard Has Led to the Destruction of Wetlands in Louisiana, Megan Bierlein

Liability of Public Authorities in Cases of Non-Enforcement of Environmental Standards, K.J. de Graaf and J.H. Jans

The IUCN Sustainable Soil Project and Enforcement Failures, J. William Futrell

The Evolving Role of Citizens in United States-Canadian International Environmental Law Compliance, Noah D. Hall

Putting Persuasion Back in the Equation: Compliance in Cap and Trade Programs, Lesley K. McAllister

Slowing the Onslaught and Forecasting Hope for Change: Litigation Efforts Concerning the Environmental Impacts of Coalbed Methane Development in the Powder River Basin, James Murphy

Kelo's Wake: In Search of a Proportional Benefit, Jennie C. Nolon

Disaster Mitigation Through Land Use Strategies, John R. Nolon

Filling the Void in an Otherwise Occupied Field: Using Federal Common Law to Regulate Carbon Dioxide in the Absence of a Preemptive Statute, Sarah Olinger

Shining the Spotlight on European Union Environmental Compliance, Clifford Rechtschaffen

The Pardy-Ruhl Dialogue on Ecosystem Management, Part IV: Narrowing and Sharpening the Questions, J.B. Ruhl

2007 Judges' Edition Bench Memorandum: Nineteenth Annual Pace National Environmental Law Moot Court Competition, Mackenzie Schoonmaker and James Simpson

Upstream of Peril: The Role of Federal Lands in Addressing the Extinction Crisis: Twelfth Annual Lloyd K. Garrison Lecture on Environmental Law, Karin P. Sheldon

Alternative Dispute Resolution in Environmental Enforcement Cases: A Call for Enhanced Assessment and Greater Use, Joseph A. Siegel

A New Garden of Eden? Stimuli to Enforcement and Compliance in Environmental Law, Andrew Waite

Hogwash! Why Industrial Animal Agriculture is Not Beyond the Scope of Clean Air Act Regulation, Sarah C. Wilson

Submissions from 2006

Best Brief for Appellee: Eighteenth Annual Pace National Environmental Law Moot Court Competition

Best Brief for Intervenor: Eighteenth Annual Pace National Environmental Law Moot Court Competition

David Sive Award for Best Brief Overall: Eighteenth Annual Pace National Environmental Law Moot Court Competition

The Intersection of Environmental and Land Use Law: A Special Edition of the Pace Environmental Law Review, Including Commentaries and a Collection of Articles by Professor John R. Nolon

Clean-Water Land Use: Connecting Scale and Function, Craig Anthony (Tony) Arnold

Is International Environmental Law Really "Law"?: An Analysis of Application in Domestic Courts, Carl Bruch

The Interplay Between Land Use and Environmental Law, David L. Callies

2006 Judges' Edition Bench Memorandum: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Erin Flanagan

Water Quality and Land Use Regulation under the Water Framework Directive, William Howarth

Looking Beyond Environmental Law's Mid-life Crisis, Linda A. Malone

Champions of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon

Historical Overview of the American Land Use System: A Diagnostic Approach to Evaluating Governmental Land Use Control, John R. Nolon

Katrina's Lament: Reconstructing Federalism, John R. Nolon

Foreword: Eastern Water Law Symposium: Integrating Land Use Law and Water Law: The Obstacles and Opportunities, Lee Paddock and Megan Smith

Navigating the Confluence Among Real Estate, Land Use, and Environmental Law, Leroy C. Paddock

Fixing Our Drinking Water: From Field and Forest to Faucet, Keith S. Porter

Alternatives, Adoption, and Administrative Hearings: Keys to Performing Environmental Reviews for Yucca Mountain, Tyson R. Smith

Three Challenges for Professor Nolon, A. Dan Tarlock

Submissions from 2005

2005 Judges' Edition Bench Memorandum: Seventeenth Annual Pace National Environmental Law Moot Court Competition

Best Brief for Appellant: Seventeenth Annual Pace National Environmental Law Moot Court Competition

Best Brief for Intervenor: Seventeenth Annual Pace National Environmental Law Moot Court Competition

David Sive Award for Best Brief Overall: Seventeenth Annual Pace National Environmental Law Moot Court Competition

Of Zombie Permits and Greenwash Renewal Strategies: Ten Years of New York's So-Called "Environmental Benefit Permitting Strategy", Karl S. Coplan

Civil Liberties for Urban Believers v. City of Chicago: A Defining Case for the Substantial Burden Test under the Religious Land Use and Institutionalized Persons Act, Noelle V. Crisalli

Thinking Outside the Box: Property Rights as a Key to Environmental Protection, Robert H. Cutting and Lawrence B. Cahoon

Privatizing the Patriot Act: The Criminalization of Environmental and Animal Protectionists as Terrorists, Ethan Carson Eddy

"World Leader" - At What Price? A Look at Lagging American Animal Protection Laws, Stephanie J. Engelsman

It's the "Supreme Law of the Land": Using the Migratory Bird Treaty Act to Protect Isolated Wetlands Left High and Dry by SWANCC, Erin R. Flanagan

The Small Business Liability Relief and Brownfields Revitalization Act of 2002: Promoting a Multi-Jurisdictional Policy, Jesse M. Keenan

The Sound of One Hand Clapping: Limitations to Integrated Resources Water Management in the Dead Sea Basin, Richard Laster, Dan Livney, and Darrin Holender

Coastal Smart Growth, Randolph R. Lowell

The Future of Biotechnology Litigation and Adjudication, Gregory N. Mandel

Constituting Fundamental Environmental Rights Worldwide, James R. May

Comparative Land Use Law: Patterns of Sustainability, John R. Nolon

Foreword, Lee Paddock and Cindy Burda

Ecosystem Management in Question: A Reply to Ruhl, Bruce Pardy

Who's Afraid of the Precautionary Principle?, Robert V. Percival

Integrating Local Waterfront Revitalization Planning into Local Comprehensive Planning and Zoning, Patricia E. Salkin

Drug Problem: Environmental Solution, Lisa Scanga

Irreversible and Catastrophic: Global Warming, Terrorism, and Other Problems: Eleventh Annual Lloyd K. Garrison Lecture on Environmental Law, Cass R. Sunstein