Online Articles

Conservation easement boundary sign with hills and a lake in the background

No Time to Ease Up on Easements

March 30, 2023 by Chris Gaarder Public Lands State and Local Wildlife

The Internal Revenue Code allows taxpayers to claim an income tax deduction for donating perpetual conservation easements to qualified organizations.[1] The federal government has foregone billions of dollars of tax revenue in exchange for such easements…

Installation of a rooftop solar photovoltaic system. Image by Greens MPs via Flickr.

So Long, Solar? The Future of Net Energy Metering in California Will Soon Be Decided

October 19, 2021 by Vyasa Babu Energy Renewable Energy State and Local

By Jaclyn Lee, Staff Contributor
Word count: 745

In September 2021, the California Public Utilities Commission (CPUC) began its highly anticipated proceeding to reevaluate the state’s net energy metering successor (NEM 2.0) tariff. Expected no later than January 2022, the decision from the national leader in solar electricity production could have far-reaching impacts on the future of customer-owned solar generation and battery storage.

The Public Trust Doctrine: A Cracked Foundation

April 15, 2021 by Camilla Brandfield-Harvey Natural Resources Public Lands State and Local

By Myles Douglas Young, Administrative Editor

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?

Courtesy of U.S. Fish and Wildlife Service

We're Falling into a Ring of Fire: Taking Stock of Wildfire Liability Regimes from Varying Perspectives in the United States

March 31, 2021 by Drew Robertson Air Climate change Litigation Public Lands State and Local

By Alec Williams, Managing 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.

Hand-made sign stating "Lead Keep Out." Photo by Steven Depolo, licensed under https://creativecommons.org/licenses/by/2.0/

The Flint Water Settlement and Implications of the Michigan Supreme Court’s Reaffirmation of State Constitutional Tort Claims

December 1, 2020 by Scott Fletcher State and Local Water

By: Alexander Collingsworth, Staff Contributor

Residents of Flint, Michigan will likely receive some compensation soon for the poisoning of their drinking water. In August, the state of Michigan settled claims against it and Michigan officials, including former Governor Rick Snyder, for $600 million. What are the implications of the Michigan Supreme Court decision that opened the way for this settlement? And how much money are individual residents likely to see?

Newsom addressing California's constituents about the purpose of his recent executive order, an effort by the State to mitigate the on-going consequences of climate change. Image by Daniel Kim/The Sacramento Bee.

California’s Ban on Gasoline-Powered Vehicles - Will it Take Effect?

October 20, 2020 by Alec Williams Air Climate change Fossil Fuels State and Local

By Camden Douglas, Staff Contributor

On September 23, 2020, California Governor Gavin Newson issued an executive order[1] that is expected to reduce the impact of climate change by drastically transforming the State's transportation industry. California experiences many unique climate change-related problems. For instance, as a result of climate change, the duration of California's wildfire season has more than doubled since 1980.[2] Indeed, this year, California is experiencing a record-breaking burn,[3] with wildfires scorching millions of acres of land.[4] The executive order, in an attempt to attenuate some of these climate change-related impacts on the State, requires all new passenger vehicles sold in California to be zero-emission by 2035, effectively banning the sale of new gasoline-powered vehicles in just fifteen years.[5]

A National Problem with No National Solution

February 26, 2020 by Sara Douki Energy Fossil Fuels Natural Resources Oil and Gas Renewable Energy State and Local Water

Gabriel Dowdell, Staff Contributor
Should the EPA regulate fracking more heavily? Currently, states that benefit financially from fracking regulate the industry.