The Federal Energy Regulatory Commission and the Merits of the Social Cost of...
By Jackson Erpenbach* The Federal Energy Regulatory Commission (FERC) is the lynchpin of the country’s vast network of interstate natural gas pipelines.[i] Recently, however, FERC’s…
View ArticleFundamental Rights for Animals and Challenging the Theory of Reciprocity in...
By Grace Smith* Introduction In In re Nonhuman Rights Project v. Lavery (Lavery II), the Appellate Division of the Supreme Court of New York denied…
View ArticleNo Judges Allowed: The Effect of Oil States Energy Services, LLC v. Greene’s...
By Gabriella D’Agostini* On November 27, 2017, the United States Supreme Court heard oral arguments in Oil States Energy Servs., LLC v. Greene’s Energy Grp.,…
View ArticleThe Rescission Rule: Profit over Environment
By Woenho Chung* The Trump administration completed its long-fought endeavor to rollback an Obama-era regulation, allowing the energy sector corporations more freedom to release methane…
View ArticleAddressing Failures in Invoking the Criminal Climate Necessity Defense:...
By Nwamaka Ikenze* As part of climate change campaigns, climate activists should adopt a legal strategy that leverages successful climate-related civil suits to address failures…
View ArticleThe Case for Delegating Environmental Taxes
Kaijie Wu* Despite the theoretical advantage of environmental taxes,[i] they are far away from becoming a major environmental policy in the US.[ii] This gap between…
View ArticleDoes the Dusky Gopher Frog Need a Chevron? An Analysis of Judicial Review of...
By Daniel Strellman* Contrary to the anticipation of many, the oral argument in Weyerhaeuser Co. v. US Fish & Wildlife Service scarcely touched on a…
View ArticleAn Olympic-Sized Problem: An Environmental Solution to the Olympic Games...
By Brady Wilson* The Olympics have repeatedly been accused of environmental unsustainability. Massive stadiums impact the water, soil, and air of the host city, the…
View ArticleCould Agencies’ Governance Stop the Major Question Doctrine?
By Daniele De Oliveira Nunes* It has been estimated that at least a third of Justice Brett Kavanaugh’s opinions as a judge in the D.C.…
View ArticleHow Justice Kavanaugh Can Make The Whole Government Unconstitutional
By Molly Williams* Article I of the Constitution vests all legislative powers in Congress.[i] Congress cannot delegate these powers to other branches. Congress can, however,…
View ArticleWhat Michigan’s Moose Can Teach Us About Federalism
By Gavin Uitvlugt* Isle Royale is Michigan’s only true national park.[i] The island lies in the northwest corner of Lake Superior and is home to…
View ArticleBiking into the Wilderness – The Legal Fight over E-Bikes in National Parks
By Will Quish* In late August of 2019, the Secretary of the Interior issued Order 3376 that allowed for the use of electric bicycles (e-bikes)…
View ArticleIs the Consumer Finance Protection Bureau’s Structure Unconstitutional?
By Daniel Strellman* On March 3, 2020,[i] the Supreme Court heard argument in the case of Seila Law v. Consumer Financial Protection Bureau.[ii] Two questions…
View Article“Tropical Trump” and the Amazon Rainforest
By Emma Macfarlane* Jair Bolsonaro and the Demise of Brazilian Environmental Protections Jair Bolsonaro is Brazil’s right-wing president who was elected in October 2018. Bolsonaro…
View Article“A Great Deal of Discretion”: Bostock, Plain Text, and the Future of Climate...
by Grace Weatherall* This post is published as part of the Environmental Law Review Syndicate. The original post can be found here. Bostock v. Clayton County was marked for…
View ArticleHail to the ESA: Why the Decision to Deny Protection to Wolverines Was Misguided
By Sydney Hofferth* Wolverines hold a special place in the American imagination. Known as the “devil bear” in Native American legend, wolverines are thought to…
View ArticleConnections to the Past: Understanding County of Maui v. Hawaii Wildlife Fund
by Taylor Wilson* In April 2020, the Supreme Court handed down a decision that provides an answer to the ongoing debate over whether the Clean…
View ArticleIntroducing a Voluntary Extended Producer Responsibility Scheme for the New...
by Hannah Yang This post is published as part of the Environmental Law Review Syndicate. The original post can be found here. Introduction Ocean plastic pollution is…
View ArticleLess is Not More: The False Promise of Accessory Dwelling Units for San...
By Lauren Ashley Week* A shortage of roughly two million homes burdens California’s housing market.[1] Research has estimated that to keep up with growing demand, the…
View ArticleFlying the Coop: The Trump Administration’s (Mis)Interpretation of the...
by Alex Liguori This post is published as part of the Environmental Law Review Syndicate. The original post can be found here. Introduction Any good survey of…
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