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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

The Silent Beehive: How the Decline of Honey Bee Populations Shifted the Environmental Protection Agency’s Pesticide Policy towards Pollinators

When honey bee populations began to drastically decline in 2006 from what came to be known as Colony Collapse Disorder, the response from the United States Department of Agriculture was swift. As research emerged on the causes, pesticides—specifically a new and widely used class of pesticides called neonicotinoids—quickly emerged as an identifiable culprit.

Mar 26, 2020
Maria Vanegas

Flow or Oscillate? The Mismatch between the Language Judges and Attorneys Use to Describe Electricity and the Actual Behavior of Electricity on the Grid

In North Dakota v. Heydinger, two Eighth Circuit judges disagreed about the constitutionality of a Minnesota statute regulating the electricity imported into the state. Their disagreement stemmed from the judges’ conflicting understandings of the behavior of electrons.

Mar 26, 2020
Elissa Walter

Energy Jurisdiction in the Twenty-First Century

The U.S. electrical grid is a modern marvel, consisting of nearly 3500 utility organizations, 450,000 miles of transmission lines, and six million miles of distribution cable that span across and crisscross the country to serve over 334 million people (and growing) whose total electricity demand exceeds 830 gigawatts. But the grid is evolving, as it has since its inception.

Mar 26, 2020
Kristoffer James S. Jacob