By Garrett S. Kral, Esq.*
*Garrett S. Kral is a former U.S. EPA official and political appointee for the Trump administration.
The utilization of the Public Trust Doctrine in litigations is often premised on its supposed ancient Roman pedigree. This article explores the origins of the doctrine and finds that, in fact, the ancient doctrine was quite different from the one we see in the United States today. What errors do scholars make, and what do those errors mean for the survival of the modern doctrine?
By Myles Douglas Young, Administrative Editor
After a record-breaking wildfire season in 2020, lawsuits are likely to flood the dockets of federal and state courts across the United States. Wildfire liability determinations at either level can be complex, typically implicating many parties and exorbitant damage awards. However, in light of the projected impact of climate change on wildfire frequency and severity, such lawsuits may become increasingly commonplace.
By Alec Williams, Managing Editor
Brownfields are formed when a property’s use or development has been curtailed by the presence of environmental contaminants. There are over 450,000 Brownfields in the United States today and these sites are home to major environmental pollutants. How does bankruptcy contribute to this issue and why should some states and communities be more concerned than others?
In July 2019, the Maryland Court of Appeals ruled that the state’s Public Service Commission has the final say on the siting of solar and wind energy projects, prompting concerns by local governments over how to protect farmland from development.
Residents in Uniontown, Alabama get a win in their battle over Arrowhead Landfill.
In 2018, 28.5 million people[1] set sail on one of the 314 cruise ships in the world. [2] However, most of these vacation-goers don’t think about what happens to the waste produced by these “floating cities”?[3] Especially after what is known now…
A recent Supreme Court decision indicates that at times, courts may be able to look beyond the existing administrative record when reviewing administrative decisions. In Department of Commerce v. New York, the Court looked beyond the record and blocked an agency decision that found to be based on a “contrived,” pretextual rationale.
By James D. Cromley, J. Michael Showalter, & Schiff Hardin, Guest Contributors
Imagine the polluters in a CERCLA Superfund suit sitting in a circle playing Duck Duck Goose. That’s right—this game isn’t just for kids. CERCLA, the Superfund statute lets polluters play a similar game of liability tag in contribution actions. But is CERCLA really all fun and games?
How does the Endangered Species Act’s “Distinct Population Segment” policy apply to the iconic grizzly bear? Read more in this analysis posted via the Environmental Law Review Syndicate.
By Max Chaffetz, Managing Editor, Virginia Environmental Law Journal
