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Our Publications (page title).

Ecology Law Quarterly (section title).

Produced by students at Berkeley Law, Ecology Law Quarterly is one of the nation’s most respected and widely read environmental law journals.

Latest Issue

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Volume 41, Number 1

ELQ is proud to present the first issue of Volume 41 (2014).

Table of Contents



Holding Local Governments Accountable for Environmental Discrimination: the Promise of California Government Code Section 65008Anne BellowsRead Article (PDF)

Weather NEPA Review: Superstorms and Super Slow Urban Recovery
John Travis MarshallRead Article (PDF)

Regulating Pollutants, Negative Externalities, and Good Neighbor Agreements: Who Bears the Burden of Protecting Communities?

Thalia Gonzalez and Giovanni SaarmanRead Article (PDF)

Fees, Expenditures, and the Takings Clause
Justin PidotRead Article (PDF)




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Upcoming Issue

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Volume 41, Number 2


Table of Contents

Making Molehills Out of Mountaintop Removal: Mitigated "Minimal" Adverse Effects In Nationwide PermitsLucy Allen

"Dear EPA" or the "Bait and Sue": Unraveling a Decade of Sewage Policy with a Letter
Allison Clark

Kiobel's Unintended Consequences: The Emergence of Transnational Litigation in State Court

Jordan Clark

Using California Development Law to Clarify Koontz v. St. Johns River Water Management District's Silence
Nina Kumari Gupta

Controlling Stormwater from Logging Roads: The Case for Permitting
Alex Hardee

Tying Its Own Hands: APHIS's Inability to Regulate Genetically Modified Crops
Christopher Heckman

Regulate, Reuse, Recycle: Repurposing the Clean Air Act to Limit Power Plants' Carbon Emissions
Alison Koppe

Improving Wildlife Agency Decisions by Acknowledging and Explaining Policy Choices Embedded in Agency Science
Alexander Kuljis

Turning Off the Valves: Why Tarrant v. Herrmann Unnecessarily Threatens Interstate Water Markets
Max Michon-Rollens

Reviving California's Public Trust Doctrine and Taking a Proactive Approach to Water Management, Just in Time for Climate Change
Elise O'Dea

Cellulosic Biofuel: Dead on Arrival?
Meredith Pressfield

How Crude?: Determining Transmission "Beneficiaries" and Related Stepts Toward Workable Renewables Transmission Cost Allocation
Jay Reidy

What Are the Parks For? Making Policy Explicit in the Park Service's NEPA Decisions
Louis Russell

Can't See the Trees for the Forest? The Ongoing Controversy Over Assessing the Site Specific Impacts of Comprehensive Forest Management Plans
Kimberly Wells

Book Reviews

Demise of the Laissez Faire Revival? John Donovan Maher


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Subscribe to ELQ

For subscriptions, copyright, and customer service, please contact:

Journal Publications
University of California
BerkeleyLaw | Library
LL123 Boalt Hall | South Addition
Berkeley, CA 94705-7210

Telephone: (510) 643-6600
Fax: (510) 643-5039

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ELQ Submissions

The ELQ Editorial Board welcomes articles for review and publication consideration. ELQ publishes articles and book reviews written by law professors, practitioners, and professionals outside the legal community. ELQ also strongly supports student scholarship and often publishes exceptional pieces written by JD and advanced degree law students. We publish articles covering a diversity of environmental topics, each with a sound argument and a novel approach.

How to submit to ELQ (PDF)

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Ecology Law Currents (section title).

Ecology Law Currents, ELQ’s online-only publication, features short-form commentary and analysis on timely environmental law and policy issues.

Latest Articles

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Celebrating the Many Contributions of Joe Sax

With the passing of Joseph L. Sax this past spring, Berkeley Law and the global environmental community lost a beloved colleague, friend, mentor, and hero. At the time, we offered some words in his honor on Legal Planet. (link: We are very pleased to have another occasion to celebrate him here in Currents.

Common Law Image

Damages From Pesticide Spray Drift Under Trespass Law

Terence J. Centner

Pesticide use inherently involves risks to humans and the environment. One of those risks is the possibility that spray applications will cause particles to drift onto neighboring property, causing damage. This note examines a plaintiff's ability to recover damages for such harm under both trespass and nuisance theories

Sulfur Mist

Sulfuric Acid Mist: Regulating Uncertainties

Matthew Thurlow

Sulfuric acid mist, also known as H2SO4or SO3, is one of the least publicized air pollutants associated with emissions from coal-fired power plants. Long overshadowed by nitrogen oxides, sulfur dioxide, and carbon dioxide, sulfuric acid mist is typically not emitted in the boundary-crossing and globe-altering quantities of the more frequently discussed air pollutants. In the whirlwind of the United States Environmental Protection Agency’s (EPA) recent air regulations of coal-fired power plants including the Mercury and Air Toxic Standards for power plants (MATS), the New Source Performance Standards and the Tailoring Rule for greenhouse gases, and the recently vacated Cross-State Air Pollution Rule, sulfuric acid mist has remained relatively untouched. But EPA’s regulations, which have imposed dramatic new emission limits on sulfur dioxide, nitrogen oxides, greenhouse gases, mercury, and hydrochloric acid, are likely to have a significant impact on sulfuric acid mist emission control strategies at coal-fired power plants.

Colombian Coffee

Geographic Indications as a Tool to Promote Sustainability? Café de Colombia and Tequila Compared

Jennifer Barnette

Geographical indications (GIs) are used to identify products that come from certain regions and have particular characteristics that indicate the product’s quality or reputation. For GIs to promote sustainable agricultural development and benefit local producers, the GI must be managed in a way that values the contribution of traditional knowledge and culture, as well as the link to the specific terroir. Contrasting the management of the Tequila GI and the Café de Colombia GI illustrates the importance of managing the GI in a way that promotes the goals of the producer community, as opposed to multinational corporations further up the supply chain. 

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Subscribe to Currents

To be notified when the latest Currents articles are published, send a blank email to

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Currents Submissions

Ecology Law Currents welcomes submissions from academics, practitioners, policy makers, and students. Submissions should be on current environmental issues or cases. All submissions must be original, previously unpublished works and can be in the form of articles, essays, commentaries, or responses to articles published in ELQ.

In order to publish in a timely and efficient manner, we cannot consider pieces longer than 3,000 words.

Please place all citations in footnotes. All quotations, attributions and references to hard data must be cited, but we ask authors to refrain from using string cites. Please include parallel citations to any internet sources and useful websites. Currents welcomes submissions accompanied by multimedia, and interactive components.

Submissions should be typed, double-spaced, in its completed form, and submitted electronically in Microsoft Word format. To submit an article, or for any inquiries regarding Ecology Law Currents, please email:

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