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Full-Text Articles in Law
The Public Trust Doctrine And The Climate Crisis: Panacea Or Platitude?, Joseph Regalia
The Public Trust Doctrine And The Climate Crisis: Panacea Or Platitude?, Joseph Regalia
Michigan Journal of Environmental & Administrative Law
Over a year of shutting down the global economy during the COVID pandemic achieved about .01 degrees of improvement in global warming. Not even a drop in the bucket. We continue to face a monumental climate crisis. And of the many ways that crisis threatens our environment, winnowing water resources is one of the scariest. One solution that many scholars have turned to is the public trust doctrine. At first blush, this doctrine sounds like a panacea for water management problems: When our water resources are threatened enough that current and future citizen’s access to it is in peril, the …
Protecting Climate Change Law From A Revived Nondelegation Doctrine, Andrew Rockett
Protecting Climate Change Law From A Revived Nondelegation Doctrine, Andrew Rockett
Michigan Journal of Environmental & Administrative Law
In an era of political gridlock, a potential revitalization of the nondelegation doctrine threatens the Environmental Protection Agency’s existing framework for regulating greenhouse gas emissions and addressing the urgent threat of climate change. At its apex, the nondelegation doctrine briefly constrained permissible delegations from the legislature to the executive branch after two Supreme Court decisions in 1935. The doctrine has since weakened under the lenient “intelligible principle” standard. That standard today allows the legislative branch to make broad delegations to administrative arms of the executive branch, which then use technological and bureaucratic expertise to clarify, implement, and enforce statutes. The …