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The Case for Vetoing General Permits under Section 404(c) of the Clean Water Act

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 justify EPA’s veto as applied to general dredge and fill activities. This Note also proposes a new, proactive process where EPA can identify wetlands subject to the veto’s protection prior to proposal of dredge and fill activities.

Mar 10, 2023
Jake Gerrish

Trust Issues: The Limits of the Public Trust Doctrine in the Fight Against Climate Change After Chernaik v. Brown

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.

Mar 10, 2023
Julia Clark-Riddell

A Community Voice on Lead Paint: Examining the Role of Cost-Benefit Analysis in Environmental Regulation

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

Mar 10, 2023
Karen Chen

Using the Military to Fight Climate Change

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

Mar 10, 2023
Noah Cohen