Private Road Maintenance Agreements: Facilitating Neighborly Relations
In Michigan, a private road is “a privately owned and maintained road, allowing access to more than one residence or place of business, which is normally open to the public and upon which persons other...
View ArticleA Leading Cause of Everything: One Industry That Is Destroying Our Planet and...
Climate change. Ocean dead zones. Fisheries depletion. Species extinction. Deforestation. World hunger. Food safety. Heart disease. Obesity. Diabetes. The list goes on. There is one issue at the heart...
View ArticleA Perfect Storm for Michigan’s Renewable Portfolio Standard?
In his June 7, 2013 opinion in Illinois Commerce Commission v. FERC,[1] Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit inserted two lines of dicta on the constitutionality of...
View ArticleTrying to Find a Balance: Agricultural Land Conservation vs. Development in...
Vermont is leading the nation in the local, sustainable food movement and the new food economy. In fact, Vermont is the frontrunner in farm stands, community supported agriculture (CSA) programs, and...
View ArticleWhat Is Reasonable?: The Consideration Of Economic Effects In Reasonable and...
Although only a few inches in size, the delta smelt (Hypomesus transpacificus) has become a topic of intense debate in water-scarce California. When the United States Fish and Wildlife Service (FWS or...
View ArticleIs CITES Endangered?
Introduction: What is Illicit Wildlife Trafficking? Illicit wildlife trafficking refers to “any environment-related crime that involves the illegal trade, smuggling, poaching, capture or collection of...
View ArticleFrom Kyoto To Paris: How Bottom-Up Regulation Could Revitalize the UNFCCC
The United Nations Framework Convention on Climate Change (UNFCCC) establishes the basic principles and goals for future international agreements on climate change. However, incorporating the...
View ArticleEPA Unveils Final Clean Power Plan: So What’s All the Fuss About?
On August 3, 2015, the EPA released its highly anticipated Clean Power Plan, establishing the nation’s first greenhouse gas emissions standards for existing power plants.[1] The Clean Power Plan (“the...
View ArticleFROM THE WELL UP: A CALIFORNIA COUNTY CONFRONTS FRACKING AT THE POLLS
On November 4, 2014, the voters of San Benito County passed Measure J, a voter initiative banning hydraulic fracturing (‘fracking’) and all other high-intensity petroleum operations within county...
View ArticleLa Vie en Vert
It’s done. Like a reluctant Odysseus, we have fastened ourselves to the mast of emissions reductions with Bungee cords (not too tight, now!) and stuffed one ear full of wax—just in case those cheap,...
View ArticleAdministrative Necessity: Origin and Application to the EPA Tailoring Rule
In the wake of Massachusetts v. EPA, the EPA fashioned new regulations to cover greenhouse gasses. As part of the new suite of regulations, the agency promulgated a “Tailoring Rule” that departed from...
View ArticleGetting to the Root of Environmental Injustice
By Shea Diaz, Georgetown Environmental Law Review This post is part of the Environmental Law Review Syndicate. In the United States, poor people and people of color experience higher cancer rates,[i]...
View ArticleWhat the Supreme Court’s Stay of the Clean Power Plan Means for the EPA’s...
The Clean Power Plan (“CPP”), announced and promulgated in late 2015 by the Environmental Protection Agency (“EPA”) and backed by President Barack Obama, seeks to develop a comprehensive regulatory...
View ArticleClean Power Planning: Unlike with Obamacare, States are Preparing for Clean...
When the EPA released its draft of the Clean Power Plan (CPP) in June 2014,[1] commentators were quick to draw comparisons[2] to Obamacare (i.e., the Patient Protection and Affordable Care Act,...
View ArticleBioTransport: Moving Wildlife in Response to Climate Change
By Stacy Shelton, Staff Editor, Vermont Journal of Environmental Law This post is part of the Environmental Law Review Syndicate “If climate change continues unabated and as rapidly as a few models...
View ArticlePlugging the Regulatory Holes: How to Prevent the Next Aliso Canyon Catastrophe
By Myles Osborne, Michigan Journal of Environmental & Administrative Law In late October 2015, the Southern California Gas Company’s Aliso Canyon Natural Gas Storage Facility began spewing natural...
View ArticleScalia’s Swan Song: The “Irreconcilability Canon” Resolves the Clean Air...
By Brenden Cline, Editor-in-Chief, Harvard Environmental Law Review. This post is part of the Environmental Law Review Syndicate. [This] is a ‘rare case.’ It is and should be . . . . But every...
View ArticleImplementing Supplemental Environmental Project Policies to Promote...
The overwhelming majority of environmental enforcement actions settle out of court, but overlooking settlements as merely a mechanical means to save time and court costs is a mistake. An agency’s...
View ArticleWhen a Disaster Is Not a “Disaster” and Why that Title Matters for Flint
By Helen Marie Berg, General Member of the Michigan Journal of Environmental & Administrative Law. In January 2016, Michigan Governor Rick Snyder appealed to the federal government for a $96...
View ArticleRising Seas in the Holy City: Preserving Historic Charleston in the Face of...
by Will Grossenbacher* From October 2–5, 2015, the State of South Carolina, and the City of Charleston in particular, experienced historic rains: sites in the Charleston area reported up to twenty-six...
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