Enter your email address to receive notifications about new posts & articles in your inbox.
Home    |   Print Edition

Print Edition

Ninth Circuit Reins in Bad Rulemaking for Wild Horses

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 court used the lever to prevent the FWS from abdicating its responsibility to review petitions on the merits.

Mar 10, 2023
Becky Hunter

Murky Apalachicola Basin Waters Call for Clearer Equitable Apportionment Standards

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.

Mar 10, 2023
Anna Goldberg

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