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March 10th 2023
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.
March 10th 2023
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 ...
March 10th 2023
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.
March 10th 2023
This note discusses the role of cost-benefit analysis in environmental regulations.
March 10th 2023
This article discusses the role of Executive Orders in addressing Climate Change.
October 2nd 2022
Despite an uptick in legal scholarship addressing resiliency and climate adaptation in general, very little of it analyzes the historic disparity between greater ex post public expenditures to recover from disasters and relatively smaller ex ante investments in disaster preparedness and prevention. This Article addresses the gap in the literature ...
October 2nd 2022
In this Article, we explore the problem of beneficial insect population decline and evaluate the utility of existing federal law to reverse the trend. We offer solutions that can be implemented by the U.S. Environmental Protection Agency (EPA) under existing federal laws without the need for additional congressional action.
October 2nd 2022
This Article’s central claim is that the governance challenges posed by radical adaptation in Antarctica are surmountable. Geopolitical and security interests may make states more willing than is now evident to explore ice-sheet stabilization and amend the Antarctic Treaty System accordingly. Moreover, the legitimacy of the system relies on the ...
October 2nd 2022
This Article is organized as follows. Part I details the increasingly broad domain of environmental justice concerns, from beginnings focused on the negative impacts of waste sites on disadvantaged communities to more attention over the last two years on the relationship between COVID-19 death rates and high particulate matter concentrations. ...