Online Articles

Photo of the Sackett's Property

Rethinking Water: Supreme Court Revisits Sackett

February 2, 2022 by Priya Sinha Litigation Regulations Water

On Monday, January 24, 2022, the Supreme Court granted review of Sackett v. EPA to determine the definition of a “water of the United States,” or WOTUS, under the Clean Water Act (CWA). The outcome of the case could potentially reshape the reach of…

The effects of climate change, including sea level rise and intense heat, threaten to make places like the island nation of Tuvalu uninhabitable within the next several decades.

The United States Needs a Plan for Climate-Driven Migration

January 29, 2021 by Eleanor Hildebrandt Climate change International Oceans Water

The effects of climate change will make swaths of the planet uninhabitable, displacing millions of people. How can the United States’ legal system facilitate an equitable, humanitarian response to those seeking safe resettlement within its borders?

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 Alexander Collingsworth State and Local Water

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?

A National Problem with No National Solution

February 26, 2020 by Gabriel Dowdell Fossil Fuels Oil and Gas Regulations State and Local Water

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

Polluted Lagoon

Too Big on the Pig: America’s Taste for Pork Comes with Costs

March 18, 2019 by Catherine Schluter Agriculture State and Local Water

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.

An image of the coast

(Sea) Walling Off the Beach: The Future of California’s Coastal Commons Remains Contested

November 15, 2018 by Ryan Levandowski Climate change Public Lands State and Local Water

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?

A red tide rises along docks

A Blooming Problem: How Florida Could Address the Causes and Effects of Red Tide

August 29, 2018 by John Niedzwiecki Oceans State and Local Water

Florida’s Gulf Coast is known for its white beaches, lush plant and aquatic life, and unique wildlife. But this verdant paradise is threatened by the rise of red tides: harmful algae blooms that harm Florida’s economy, the health of coastal residents, and a very fragile ecosystem. What can the legal system do to protect Florida’s coast?