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The Property Clause and Its Discontents: Lessons from the Malheur Occupation

The occupation of the Malheur National Wildlife Refuge in Oregon by a group of armed militants led by Ammon Bundy during January 2016 spotlighted public land management for a largely oblivious American public. The militants’ month-long occupation was only the latest of several armed confrontations in recent years, one of them at Bundy’s father’s ranch in Nevada. What made the Malheur incident unusual was not only the length of the occupation but also the claims of the militants that their occupation was based on constitutional principles.

Mar 25, 2020
Michael C. Blumm and Olivier Jamin

The Energy Prosumer

Decentralization is becoming a dominant trend in many industries, and the electricity industry is no exception. Increasing numbers of energy consumers generate their own electricity and/or provide essential grid services such as storage, efficiency, and demand response. This Article offers a positive account of the emergence of these new energy actors, which it calls “energy prosumers.”

Mar 25, 2020
Sharon B. Jacobs

Frankenstein's Mammoth: Anticipating the Global Legal Framework For De-Extinction

Scientists around the world are actively working toward de-extinction, the concept of bringing extinct species back to life. Before herds of woolly mammoths roam and flocks of passenger pigeons soar once again, the international community needs to consider what should be done about de- extinct species from a legal and policy perspective. In the context of international environmental law, the precautionary principle counsels that the absence of scientific certainty should not be used as an excuse for failing to prevent environmental harm.

Mar 25, 2020
Erin Okuno

Accounting for Partial Settlements in CERCLA Private-Party Cost Allocation: No Rule Is the Best Rule

To the extent that litigation makes a muddle of private-party ordering, the Comprehensive Environmental Response, Compensation, and Liability Act has created more messes than it has cleaned up. Congress enacted the Act to clean up hazardous waste spills. The litigious explosion that resulted, however, caused widespread and pervasive private sector disarray. Private parties rely on settlement to extricate themselves from litigation under the Act, but their attorneys will agree that planning a strategy to settle multi-party litigation is “difficult under the best of circumstances.”

Mar 25, 2020
Haley Oveson