How can Flint be made whole?
Kyle Olsen, Michigan Journal of Environmental & Administrative Law The water crisis in Flint, Michigan began when government officials switched the city’s water supply to the Flint River in January...
View ArticleLNG Liquefaction in RI Likely to Go Forward Despite Environmental Racism Claims
Matthew K. Stiles, Michigan Journal of Environmental and Administrative Law National Grid, Providence, Rhode Island’s gas and electric provider, wishes to build a liquefaction plant that will turn...
View ArticleDo You Need a Commercial Use Permit to Post that Picture?
The National Forest Service’s Regulation of Commercial Filming and Photography Christopher Bruno, Michigan Journal of Environmental and Administrative Law How many followers do you have on your...
View ArticlePolitical Robocalls Highlight Regulatory Challenges of the Shift Away from...
Brian Dressel, Michigan Journal of Environmental and Administrative Law They are calls that many of us get and few of us want. Just as you are sitting down to dinner the phone rings, and you have...
View ArticleUtility Commissions Use Broad Laws to Force Industry Changes in M&A Cases
Matthew K. Stiles, Michigan Journal of Environmental and Administrative Law On March 23, the DC Public Service Commission (PSC) finally gave its blessing to the proposed Exelon/Pepco merger, creating...
View ArticleVindicating Sovereign Interests by Administrative Processes in U.S. v. Texas
Jack Fitzhenry, Michigan Journal of Environmental and Administrative Law The case of U.S. v. Texas[1] is an example of how administrative law has been used to channel the frustrated energies of two...
View ArticleTowards a Middle Path: Loss & Damage in the 2015 Paris Agreement
Maryam Al-Dabbagh* This post is part of the Environmental Law Review Syndicate. Introduction In the lead-up to the Paris talks, the issue of loss and damage (L&D) was portrayed to be one of the...
View ArticleHow to use “small handles” to serve NEPA’s statutory purpose
The National Environmental Policy Act (1970) was passed as a means to inform citizens of the potential environmental consequences of federal projects. The binding language of the statute requires a...
View ArticleEnvironmental conflicts: Addressing the collateral effects of climate change...
The effects of climate change have permeated their way through our lives. One of the collateral impacts of climate change and environmental degradation is the increase in environmental conflicts and...
View ArticleDAPA: A Source of Rights or Mere Reprieve?
In the mind of the public U.S. v. Texas is about the constitutional power of the president to affect a change in the nation’s immigration system in the absence of congressional participation.[1] But...
View ArticleIT IS TIME FOR OREGON TO DEFINE ITS PUBLIC TRUST DUTIES
Olivier Jamin * This post is part of the Environmental Law Review Syndicate I. Introduction The public trust doctrine (PTD) is a concept under which states have the duty to preserve certain natural and...
View ArticleAdapting the Paris Agreement
Bonnie Smith* This post is part of the Environmental Law Review Syndicate Introduction For the first time in the history of international climate negotiations, adaptation has its own article in a...
View ArticleDAPA Going Forward
The Supreme Court is expected to hear the case of President Obama’s controversial executive immigration order.[1] Issued in 2014, Deferred Deportation Action for Parents of Americans (DAPA) would not...
View ArticleClass Action Filed in Glass Pollution Controversy
In early February, 2016, the Oregon Department of Environmental Quality (DEQ) announced that the air quality in a portion of Southeast Portland had “arsenic at levels 159 times above the state’s safety...
View ArticleEthical Convergence and the Endangered Species Act
Caitlin Troyer Busch* This post is part of the Environmental Law Review Syndicate, and was originally published in the Stanford Environmental Law Journal. Introduction The Endangered Species Act...
View ArticleA Primer on Rails-to-Trails Conversions in the Eastern U.S.
Garrett M. Gee* This post is part of the Environmental Law Review Syndicate, and was originally published in the William & Mary Environmental Law and Policy Review. The Rails-to-Trails Act...
View ArticleThe Non-Delegation Non-Doctrine
The phrase “non-delegation doctrine” produces in the typical legal professional something between a patronizing sigh and a disbelieving eye-roll. Most of us have learned that, while there was once a...
View ArticleWWII-Era Government Contractor Indemnification Clauses Come to the Fore in...
By Hume Ross* I. Introduction Before World War II, Japanese Admiral Yamamoto wrote: “Because I have seen the motor industry in Detroit and the oilfields of Texas, I know Japan has no chance if she...
View ArticleAn Ecology of Liberation: The Shifting Landscape of Environmental Law in an...
Michael Zielinski* I. Introduction In 1971, the Peruvian theologian and Dominican priest Gustavo Gutiérrez published his seminal work, A Theology of Liberation, in which he advocated an activist...
View ArticleScience And Deference: The “Best Available Science” Mandate is A Fiction in...
Elizabeth Kuhn* I. Introduction Many recent decisions by the Ninth Circuit[1] have required the court to review agency actions under the Administrative Procedure Act[2] (APA) arbitrary or capricious...
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