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Reversing Course in California: Moving CEQA Forward

Today in California, urban infill development proliferates. A welcome alternative to decades of greenfield expansion, this infill boom is the culmination of regulatory incentives like SB 375, economic growth in urban areas, as well as increasing awareness of the climate evils of vehicle emissions (quantified in vehicle miles traveled, or VMT). The social, spatial, environmental, and economic effects of this infill boom are far-flung and implicate many areas of study.

Mar 26, 2020
Giulia Gualco-Nelson

Trust in Local Government: How States’ Legal Obligations to Protect Water Resources Can Support Local Efforts to Restrict Fracking

Hydraulic fracturing, an oil and gas drilling technique commonly referred to as “fracking,” has experienced a profound expansion in the United States since the dawn of the twenty-first century. Providing an influx of cheap oil and gas and new job opportunities, the boom has worked wonders for the American economy. However, with the financial benefits came considerable environmental risks, such as air pollution and water contamination. With the federal government’s role in regulating fracking uncertain, the states have taken up the torch in managing the practice.

Mar 26, 2020
William C. Mumby

A Relic of the Past or the Future of Environmental Criminal Law? An Argument for a Broad Interpretation of Liability under the Migratory Bird Treaty Act

The Migratory Bird Treaty Act is one of our nation’s oldest environmental statutes. It was passed decades before the major environmental law renaissance of the 1970s, and is lesser known than the more contemporary wildlife protection statutes that dominate headlines and political debate, such as the Endangered Species Act.

Mar 26, 2020
Emma Hamilton

Pushing the Boundaries of the Public Trust on the Last Frontier: A Study in Why the Doctrine Should Not Apply to Wildlife

In 2016, the United States Supreme Court decided Sturgeon v. Frost, which posed the question of whether the federal government may regulate activities on nonfederal lands within the hundred million acres of land designated for preservation under a 1980 federal statute, the Alaska National Interest Lands Conservation Act (ANILCA). The Court did not answer the question, instead vacating the Ninth Circuit’s interpretation of the relevant statutory language.

Mar 26, 2020
Thomas Schumann