Knowing it will be judicially reviewed, an agency is pressured to produce well-reasoned and researched rules. This relationship creates a “lever” by which those who care about well-documented rules inside the judiciary and agencies can move those who act contrary to science or technical expertise. In Friends of Animals, the ...

The modern-day impacts of climate change on water availability suggest that the Court in Florida v. Georgia should have reevaluated the forty-year-old water reapportionment standards. The Court should have clarified ambiguous terms in the equitable reapportionment standards or, alternatively, gotten rid of the standards altogether.

This Note argues that the Clean Water Act (CWA) authorizes EPA to prohibit the Corps from approving general dredge and fill activity. Part I describes the statutory and regulatory background for dredge and fill permits and EPA’s veto. Part II establishes the statutory authority, legislative history, and practical reasons that ...

The ruling in Chernaik illustrates how the public trust doctrine’s theoretical foundation is rooted in a flawed analogy, rendering it ineffective for compelling government action to address climate change. A new or adapted doctrine is needed to convince the judiciary to push for government action on climate change.

This note discusses the role of cost-benefit analysis in environmental regulations.

This article discusses the role of Executive Orders in addressing Climate Change.

In Part I, I review timber trespass under Louisiana law, including its triple damages provision. In Part II, I discuss the availability of mental distress damages for timber trespass. Finally, in Part III, I use Critical Race Theory to analyze the 1988 case of Johnny Evans v. B.R. Bedsole Timber ...

Using data collected by Professor Sarah Lawsky for her annual entry level hiring report, I analyzed trends in the hiring of environmental law professors (“ELPs”) from 2011 2022. With this Analysis, I provide insight into the hiring market for environmental law professors. I hope this Analysis is useful and edifying ...