Trump Administration Wades into the Murky Legal Territory of the Clean Water Act
By Tim Featherston* President Trump’s appointment of Scott Pruitt, a long-time legal adversary of the EPA, to head the agency was seen as a clear sign of the administration’s intentions to roll back...
View ArticleThe Dredge Report: A Port, Reefs, and A Righteous Lawsuit in Broward County, FL
By Troy Epstein* My home county of Broward County, Florida, is a lot like its largest seaport, Port Everglades. Just as the port warmly embraces ships and products hailing from all corners of the...
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The views and opinions expressed in this blog are those of the authors and do not necessarily reflect the official policy or position of the Michigan Journal of Environmental and Administrative Law or...
View ArticleDefining the Extent of Federal Reserved Rights to Groundwater: Coachella...
By Simone Prince-Eichner* Water rights are a contested matter in the American west, as exemplified by the case of Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians. The parties...
View ArticleThe Price to Life
By Megan Stamm* Thanks to people like Martin Shkreli and Heather Bresch, prescriptions drug prices have dominated American news. Most notably, Martin Shkreli was responsible for raising the price of...
View ArticleNo Status, No Notice, No Comment: The Lack of Procedural Adherence to the APA...
By Gabriella D’Agostini* On September 5, 2017, President Trump controversially ordered the termination of the Deferred Action for Childhood Arrivals (“DACA”) program, which allowed childhood...
View ArticleCan the EPA Escape Enforcing Obama Era Ozone Protections Under the Clean Air...
By Emily Van Dam* In 2015, the Obama administration lowered the acceptable amount of ozone in the ambient air. This move, pursuant to the Environmental Protection Agency’s (“EPA”) authority under the...
View ArticleCurbing the Damage of Invasive Species
By Brianna Potter* We live in a time where we need not fly across the globe to see exotic plants and animals. Some of these exotic species are purposely transferred from one place to another, whether...
View ArticleMITIGATING Greenhouse Gas Emissions in the NORTHEAST AND MID-ATLANTIC...
James D. Flynn* I. Introduction In recent years, states in New England and the mid-Atlantic region have made significant progress in reducing climate change-inducing greenhouse gas (GHG) emissions...
View ArticleParks and Reg: The Threat of Drilling in National Parks and the Role for...
By Jackson Erpenbach* In December 2016, the National Park Service implemented updated regulations for oil and gas drilling activities on park land.[1] The new standards under Part 9, Subpart B (“Rule...
View ArticleFederal Preemption of State Chemical Regulation Under the Lautenberg Act in...
By Grace Smith* In 2016, Vietnam amped up regulation of toxins in clothing products sold domestically, but relaxed regulation on its exports.[1] That same year the U.S. Congress passed the Frank R....
View ArticleConduit for Peace in the Middle East: An Analysis of the Red Sea–Dead Sea...
By Sarah L. Fine* As the old saying goes, whiskey is for drinking—water is for fighting over. I. Introduction The mythic Dead Sea—the highly salinated, low-altitude…
View ArticlePING PONG OF RULES IN THE PRODUCTION SHARING REGIME IN BRAZIL: LESSONS FROM...
By Arthur Souza Rodrigues* I. INTRODUCTION Brazil liberalized its oil & gas exploration and production (“E&P”) sector in 1997. [1] Until 2010, the concession regime…
View ArticleDeregulation Efforts Aim to Shelter Financial Institutions from Litigation
By Hannah Taylor* Large financial companies ordinarily tend to have tremendous litigation exposure from both the regulatory agencies providing oversight and from disgruntled consumers who…
View ArticleEmerging Theories of Environmental Law: Human Rights, the Public Trust...
By Gabrielle Alvarez* Since the late 19th century, the planet’s average surface temperature has risen 2.0º F, largely due to the dramatic increase of carbon…
View ArticleWhen Agencies Become Businesses: The EPA’s Failure to Regulate Hydraulic...
By Audrey Ackerman* Environmental protection is in flux. Prioritizing economic growth over ecosystem sustainability has become a guiding feature for the current regulatory landscape.[1] These…
View ArticleThe CFPB: A warning about the presidential power of removal?
By Holly Clancy* Last May we saw President Trump fire FBI director James Comey.[1] Despite the political blowback and barring any criminal motives, this appeared…
View ArticleTwo for None: The Chilling Effect of Executive Order 13771 on Beneficial...
By Joseph Condon* On January 30, 2017, President Donald J. Trump signed Executive Order (EO) 13771, “Reducing Regulation and Controlling Regulatory Costs,” often described as…
View ArticleWhen You Don’t Believe in the Product (That You’re Statutorily Required to...
By David Fegley* Have you heard? More than six years after being signed into law—and after failed repeal effort[1] after failed repeal effort[2] after failed…
View ArticleCost Sharing Reduction Payments and Appropriations Law: Formalism v....
By Emily Arnold* President Trump recently decided to end the cost sharing reduction (CSR) payments of the Affordable Care Act (ACA). These payments were subsidies…
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