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?
By Myles Douglas Young, Administrative Editor
We're Falling into a Ring of Fire: Taking Stock of Wildfire Liability Regimes from Varying Perspectives in the United StatesMarch 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.
The Flint Water Settlement and Implications of the Michigan Supreme Court’s Reaffirmation of State Constitutional Tort ClaimsDecember 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?
By Camden Douglas, Staff Contributor
On September 23, 2020, California Governor Gavin Newson issued an executive order 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. Indeed, this year, California is experiencing a record-breaking burn, with wildfires scorching millions of acres of land. 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.
By Jie Yang, Managing Editor for Development
Gabriel Dowdell, Staff Contributor
Should the EPA regulate fracking more heavily? Currently, states that benefit financially from fracking regulate the industry.
Court Says Maryland's Public Service Commission can Overrule Local Objections to Renewable Energy ProjectsFebruary 13, 2020 by Maxwell Unterhalter Renewable Energy State and Local
By Kayla Steinberg, Staff Contributor
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.
Preservation and Planning in the District: Eco-Friendly Features Contribute to Special Merit under D.C. Historic Preservation LawApril 26, 2019 by Caitlin Meagher State and Local
By Ilse P. Johnson, Staff Contributor.
Whether a project is one of “special merit” is often a “tug of war” among preservationists, developers, neighbors, and the community-at-large. One way to tug towards special merit status is to incorporate eco-friendly features into the new development.
By Catherine Schluter, Staff Contributor
Pork is a big part of the American diet, but pig farming has serious environmental and human health consequences. North Carolina is one of the biggest pork producers in the country, but its state legislature, like many other states, is putting pork profits over sufficient protections.
By Ryan Levandowski, Staff Contributor. As rising sea levels threaten California’s coast, the state’s characteristic beaches have become a battleground for homeowners, cities, and state regulatory agencies. Because coastal adaptation policies often pit preservation of public beaches against private property rights, recent litigation over the issue has posed a difficult question for courts: Who should (literally) give ground?