Environmental Law - Emerging Topics - Student Blog
This blog addresses topics of contemporary interest in environmental law. LLM degree candidates write these analyses as part of their participation in Lewis and Clark’s flagship course exclusively for the LLM Program, Emerging Topics. The class gives LLM students an opportunity to study up-to-the-moment developments in environmental, natural resources, and energy law and policy, as well as conduct additional research on an issue they find interesting and important. In addition to their publication here, these posts often provide student-authors a springboard to additional inquiry and solidify their expertise in a chosen subject.
Malāma: How Native Hawaiians Are Achieving Environmental Justice By Advancing Regenerative Tourism - Andrew Alsdorf
To visit Hawaii is to understand that it is a magical land unrivaled on this Earth: a marvel of thriving natural beauty and abundance, surrounded by nothing but ocean for thousands of miles. Millions of people each
...Extraordinary Authority: The Supreme Court’s Solidifying Equitable Appropriation Jurisprudence - Adam Smith
The following examines two unanimous Supreme Court decisions from 2021 concerning the federal common law doctrine of equitable apportionment of interstate waters. In Florida v. Georgia, the Supreme Court declined to apportion the waters of
…The CCS Lifeboat: Charting a New Course for Industrial Carbon Capture - Ryan Sweeney
I. Introduction
It’s late on the night of April 14th, 1912, and Frederick Fleet and Reginald Lee are the crew members on duty in the crow’s nest of the RMS Titanic.[1] They spot
…New Source Performance Standards, Section 111(d), and Cooperative Federalism - Sean Pflugner
On February 28, 2022, the U.S. Supreme Court heard oral arguments in the case of West Virginia v. Environmental Protection Agency. If decided on the merits, the disposition of this case could determine whether the Environmental Protection Agenc...Will We Ever Rid Ourselves of the Plastic Problem? - Elizabeth Pabjanek
In the middle of the Pacific Ocean, amassing an area twice the size of Texas, you will find a veritable soup of plastic debris. Ranging from large objects to tiny particles of plastic, this collection of marine debris is being dr
...The AQUAA Act – Bad for Our Oceans, Bad for the Fishing Industry, Bad for Fish - Patty Keough
In late 2021, the Advancing the Quality and Understanding of American Aquaculture Act, S. 3100/H.R. 6258 (“AQUAA Act”) was reintroduced in the U.S. Senate and House of Representatives.[1] The bill, which was first introduced
…Climate Justice Desserts: The UNGA is the Climate Justice Forum to Address the Prosecution of Heads of State for Climate Crime - Patrick Canning
Emerging Topics in Natural Resources, Environmental, and Energy Law Patrick Canning April 20, 2022 Introduction – International justice out of balance A handful of states have gained incredible wealth and power while causing climate...1,4-Dioxane: Why Drinking Water Regulations Won’t Work to Mitigate This Carcinogenic “Forever Chemical” - Scott Hudson
The water you are drinking and using to cook, bathe and clean is likely contaminated with carcinogens. If you are like most Americans, you take clean, fresh drinking water for granted. However, recent studies show that municipal
...Plant-Forward Food Policy: An Opportunity for City Governments to Raise Awareness about and Reduce the Impact of Industrial Animal Agriculture on Human Health, Climate Change, Animals, and Rural Communities - Katherine Noble (MSL)
Local governments have an opportunity to engage with the emerging “plant-forward food policy movement” and adopt procurement and other policies that seek to improve human health, reduce greenhouse gas emissions, improve animal welfare,
...Bee-nergy: a Texas Pollinator-Smart Solar Program is Smart for Texas - Trevor Hance
The creation of a Texas Pollinator-Smart Solar Program will incorporate existing synergies at the federal and local level, build on Texas’ leadership in the green-energy sector, improve opportunities for biodiversity (and speci
...Inspections, Exceptions, and Expectations: Cedar Point and its Expansion of Regulatory Takings - Adam Smith
Near the end of its last term, the United States Supreme Court released a significant decision regarding labor organization in agricultural workplaces.[1] The decision, Cedar Point Nursery. v. Victoria Hassid has been received as a shift in the Co
…Risky Business: The SEC’s Plan to Expand Disclosure Rules for Climate Change-Related Financial Risks - Kate McCallum
Climate change poses significant risks to financial markets in the U.S. and around the world. U.S. regulators, including the Federal Reserve, acknowledge the need to identify and account for climate-related financial risks as a key policy priority
...Revisiting FERC Order No. 1000 Should Maximize Investment in Regional Transmission Infrastructure - Helen Kemp
Electricity transmission planning is a key component of traditional utility operations that increasingly faces criticism as a hinderance to decarbonization efforts. Recent developments in national energy policy are calling for a renewed commitment
...Climate Crime at the ICC - Environmental Justice through the Looking Glass - Patrick Canning
It is a fact, as well as a universally accepted view, that climate change has been caused primarily by western nations while poor and already disadvantaged nations have suffered disproportionately and will be more impacted in the future.[1] Climat
…Greenwashing the Emerald City: A War of Words is Brewing Over Salmon Passage on the Skagit River as FERC Relicensing Approaches - Andrew Alsdorf
Seattle has earned a reputation as one of the most politically progressive cities in the nation, a place where its residents treasure the natural beauty around them and vote to protect it. However, Seattle voters likely are unaware that 20% of the
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To Move Forward with Fire Management, the West Coast Needs to Go Back - Rebeka Dawit
Climate change has found itself knocking at the door of every individual on the West Coast. This summer, Oregon found itself engulfed in flames, Washington found itself smothered in smoke, and California found its skies deep red. A terrifying thou
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Reconsidering Lethal Removal of Gray Wolves in Washington State - Ragnar Bloom
Gray wolves are returning in Washington state. In 2008, the first documented pack in Washington in 70 years settled in Okanogan County. Wolves from British Columbia, Idaho, Montana, and Oregon have resettled in Washington and the established packs
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Product Liability Law – Another Weapon In The Arsenal Against Contamination - Paul Napoli
Relying on environmental laws often becomes an interminable process of administrative or judicial proceedings hinging on the partisan interpretation of various statutes. Environmental lawyers regularly find themselves arguing statutory constructio
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Can Veganism be Legislated? - Nicole Brugato
In January 2020, a landmark decision vaulted veganism to a new level, as a protected class comparable to religion. Jordi Casamitjana, an ethical vegan, was fired from his position with the League Against Cruel Sports after he raised concerns that
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Best Scientific Data Available: Federal funding leaves gaps in research that puts species and critical habitat at risk of being left out of critical protections - Mikalah Singer
Introduction More than 32,000 species are threatened with extinction, and that number only represents 27% of all assessed species including 26% of mammals and 24% of birds.[1] To be considered an “assessed species” there are five criteria
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New Jersey Law Aims to Protect Overburdened Communities from Disproportionate Levels of Environmental Pollution - Shanna McCormack
Introduction Environmental justice is an essential component of meaningful environmental change. It places the individuals and communities most heavily impacted by environmental pollution in a role central to the conversation about what should
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Impacts to Future Compatible Use Buffers under 10 USC §2864a post Weyerhaeuser - Barbara Kerrane
Introduction Under Weyerhaeuser Co. v. US Fish and Wildlife, and related finalized and proposed changes to Endangered Species Act (ESA) regulations, private landowners may have less financial incentive to grant conservation easements to the mi
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New York Public Service Law Article X, Renewable Energy Projects and NIMBY - Kate McCurdy
New York State is anxious to lead the shift towards renewable energy. As one of the most populous states in the U.S. and home to its largest city, New York consumes a lot of electricity. Governor Andrew Cuomo has announced the goal of having New Y
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Unlocking public-access barriers to public lands is best achieved through public and private agreements and partnerships rather than traditional litigation strategies - James Underwood
UNLOCKING PUBLIC-ACCESS BARRIERS TO PUBLIC LANDS Public-access to America’s public lands is hindered by serious barriers, and traditional litigation strategies do not provide the best keys to unlock them. A growing movement towards public an
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MISTAKES AND MISSED OPPORTUNITIES ON MT. HOOD: How Federal Legislation Has Left the Mountain’s Future Uncertain - Stephanie Hayes
Mt. Hood is Portland’s backyard recreational haven, where one can enjoy a multitude of outdoor activities within a short drive of the city. Visits to the mountain are increasing as the Portland metro’s population grows (and gets closer to the
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Is There Enough Power - Christopher Forrester
Intro On September 23, 2020, California Governor Gavin Newsom signed an Executive Order to require that all new passenger cars, light-duty trucks, and trucks that work at ports be zero-emission by 2035. The order also requires all medium and h
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“Chasing the Science” Can Plaintiffs’ Personal Injury PFAS MDL survive summary judgment? - Marie Napoli
This paper will examine the history of PFAS and the litigation before Judge Gergel, in South Carolina Federal District Court, and analyze the fate of environmental personal injury torts, on a mass tort basis, in light of causation issues anticipat
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