Law Commons^™

The New Reliability Override, Benjamin Rolsma

Connecticut Law Review

Section 202(c) of the Federal Power Act grants the Secretary of Energy a sweeping authority to exempt electric generation and transmission facilities from any federal, state, or local environmental laws. When Congress first adopted § 202(c) in 1935, it designed the provision as an emergency power that federal regulators could use to force fractious utilities to work together to preserve electricity reliability in times of war or natural disaster. But in the last decade things changed.

This Article, drawing on a novel catalog of all § 202(c) emergencies from the provision’s nearly ninety-year history, is the first to comprehensively describe …

Regulation Of Sargassum Removal And Sinking In Florida, Ashwin Murthy, Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

Carbon dioxide removal is increasingly recognized as a necessary component of global climate mitigation efforts. One emerging method involves the deep-sea sinking of plant biomass to sequester carbon. Sargassum, a free-floating brown seaweed, has been identified as a promising candidate for this approach due to its natural buoyancy and decomposition process, which enables it to sink and potentially store carbon in the deep ocean. With sargassum blooms growing dramatically in the Atlantic since 2011 — posing ecological, economic, and public health risks when they wash ashore — there is growing interest in offshore removal and sinking as a climate solution. …

Fluctuations In Environmental Policy: An Example For Why Not To Despair, Seattle T. Schuessler

Whittier Scholars Program

This paper explores the historical and contemporary fluctuations in environmental policy within the United States. Emphasizing the role of political polarization in shaping legislative and regulatory outcomes within environmental policy. Through a chronological analysis of environmental policy, through legislation such as the Clean Air Act and Clean Water Act, to the changing agendas of presidential administrations, the paper demonstrates that environmental protection has progressed upward in a fluctuating manner. Despite eras of regulatory rollbacks and administrative opposition, particularly during conservative presidencies, the overall trends indicate enduring support for environmental legislation. The paper further investigates the implementation challenges of California Senate …

Conservation Advocates Zambia Limited V The Attorney General (2023/Ccz/0018) [2024] Zmcc 6, Emmanuel N. Nyambe

SAIPAR Case Review

The author explores Conservation Advocates Zambia Limited v The Attorney General, contrasting the majority’s application of the constitutional avoidance doctrine with a forceful dissent. The majority declined to hear an environmental petition, classifying the grievances as statutory rather than constitutional. The author aligns with the dissent, arguing that such reasoning sidesteps the judiciary’s constitutional mandate to protect and promote environmental rights. The case presents a fundamental choice for the Court: whether to treat the Constitution as a source of aspirational guidance or as a directly enforceable instrument of environmental accountability and public participation.

Overharvesting: The Why Of Biodiversity Loss, Andrew W. Torrance, Bill Tomlinson

Texas A&M Journal of Property Law

This Article examines the consequences of overharvesting biodiversity, focusing on its detrimental effects on biodiversity—on the biosphere, ecosystems, communities, populations, and individual organisms. It evaluates legal mechanisms designed to protect biodiversity from overharvesting and also considers legal mechanisms that lead to overharvesting to the detriment of biodiversity. The Article compares regulations and laws from multiple jurisdictions, including Europe, Oceania, Asia, Africa, and the Americas, and analyzes how these regulations and laws seek to curb overharvesting. Examples include the United States’s Endangered Species Act, Canada’s Wild Animal and Plant Protection Act, and the European Union’s Marine Strategy Framework Directive. International conventions …

Pollution: The What Of Biodiversity Loss, Andrew W. Torrance, Bill Tomlinson

Texas A&M Journal of Property Law

This Article examines the damage to biodiversity caused by anthropogenic pollution at all levels—to the biosphere, to ecosystems, to communities, to populations, and to individual organisms. It also analyzes pollution control laws across the globe and their efficacy in mitigating or preventing harm to biodiversity. The analysis covers all forms of pollution—air, water, and land—that threaten biodiversity, noting both improvements and ongoing challenges in different regions. The Article provides a comparative study of diverse jurisdictions, including North America, Europe, Oceania, and Asia. It scrutinizes pivotal legislation such as the United States’ Clean Air Act, the UK’s Environment Act, and the …

Invasives: The How Of Biodiversity Loss, Andrew W. Torrance, Bill Tomlinson

Texas A&M Journal of Property Law

Invasive species are non-native organisms, existing outside of their original habitat, which may cause damage to the biodiversity in their new environment. These species often outcompete native species for resources, which can dramatically disrupt ecological balance and biodiversity. This Article first surveys existing invasive species laws, documenting the current legal frameworks that various countries use to manage invasive species. It then proposes an array of new legal approaches that may improve how human civilizations manage the complex issues surrounding invasives. Finally, it evaluates the prospects for preventing—or even rolling back—the harm invasives cause to biodiversity. The broad goal of this …

Goodbye, Zoning?, Michael Allan Wolf

UF Law Faculty Publications

American zoning is under attack on multiple fronts. The concerns of zoning's many critics range from social and racial justice, to private property rights, to the extreme shortage of affordable housing, to climate-change resilience and sustainability. A growing number of voices have called for, at a minimum, the elimination of single-family zones; some even champion the abolition of this ubiquitous method of American land use regulation. This Article is the first detailed look at what would happen if zoning's critics got their way. The most efficient means for erasing zoning from American law would be for the U.S. Supreme Court …

The Effect Of Non-Profit Organizations On The Passage Of Climate Change Legislation In Connecticut, John-Henry Burke

Honors Scholar Theses

Connecticut has a long history of climate action. In this study, I looked into the effect that non-governmental organizations have on the passage of climate change legislation in Connecticut. Eighteen different climate policy stakeholders, including legislatures, non-governmental organization (NGO) staff members, youth activists and state employees were interviewed to gain their perspective on how non-profits forward climate initiatives. I found that non-profit organizations do have a significant impact on the passage of climate change legislation in Connecticut by working as providers of information to legislators and mobilizers of constituents. This impact can be limited by various political factors.

Development And Practice Of Tribal Community Planning: Ensuring Indigeneity In The Planning Process, Jared E. Munster, Ph.D.

American Indian Law Journal

No abstract provided.

Legacy Liabilities For Oil And Gas Wells Under The Mineral Leasing Act, Martin Lockman, Ashwin Murthy, Romany M. Webb

Sabin Center for Climate Change Law

The federal government is the largest landowner in the United States. The bulk of federal land is controlled by the Bureau of Land Management (“BLM”), an agency within the Department of the Interior (“DOI”) that manages more than 245 million acres or approximately 10% of the land in the United States. Below the ground, BLM’s authority reaches even further. In total, BLM controls around 700 million acres of minerals — 30% of the onshore mineral resources in the United States, spanning an area larger than Argentina. The enormous scale of oil and gas production on federal land has created a …

Zero Waste Initiatives Across Three Institutions: Local Government, An Academic Institution, And A Retail Business, Soren G. Gray

Graduate Student Portfolios, Professional Papers, and Capstone Projects

No abstract provided.

Valuing Heat-Related Mortality Risks, W. Kip Viscusi, Clayton J. Masterman

Vanderbilt Law School Faculty Publications

Heat-related mortality risks are a substantial component of the looming costs of climate change in the United States and globally. This article presents the results from a risk-risk survey to test whether U.S. respondents place a valuation premium on mortality risks from heat relative to cancer and transportation risks. The questionnaire exploits exogenous shocks to temperatures during a heat wave and randomized elements to further test whether preferences vary with heat exposure or the age of individuals exposed to heat risks. The results provide strong evidence that there is no valuation premium in the U.S. for heat-related risks. Subjects valued …

The Onondaga Nation's Land Claim: Rights Without A Remedy?, Larissa Speak

American Indian Law Journal

No abstract provided.

Case Law On American Indians: September 2023 - August 2024, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

The Prospects Of The High Seas Treaty Decisively Reducing The Negative Biodiversity Impacts Of Distant Water Fishing Operations, Shirley V. Scott, Nengye Liu

Research Collection Yong Pung How School Of Law

International fisheries law has so far proven inadequate to prevent over-fishing on the high seas, a key cause of biodiversity loss in areas of the ocean beyond national jurisdiction (ABNJ). Negotiation of the High Seas Treaty (Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction or BBNJ Agreement) afforded an opportunity to respond decisively to the worsening problem. The Treaty was concluded in 2023. It is yet to enter into force. Preparations and negotiations for the Treaty spanned some 20 years. By …

Trump Attacks On Climate Science May Violate Numerous Federal Laws, Michael B. Gerrard

Faculty Scholarship

Starting on its first day on January 20, 2025, the second Trump administration has launched an unprecedented rollback of efforts to fight climate change. The Sabin Center for Climate Change Law’s Climate Backtracker already has 117 items.

Much of this is aimed at scientific research on climate change, or has the effect of inhibiting the conduct and dissemination of this research. Many of these actions may also violate federal laws.

This article discusses these actions, some of their legal implications, and the litigation challenges that have already been brought. It begins with actions that are specifically aimed at climate research, …

No Rights To A Healthful Environment: Children Warrant Class Standing To Inhibit Climate Change Related Harm, Keira Kramer

San Diego Journal of Climate & Energy Law

Current laws in the United States stand at odds with children’s interests in a clean and healthful environment. Children deserve a healthful environment because of their constitutional right to life. This Article will analyze why courts have denied children’s right to a healthful environment. State and federal Courts have found that the environmental rights of children are a political question and, therefore, that children do not have standing to sue under the theory that they have a right to a healthy climate. This Article suggests that the courts are the best area of law for redressability for children affected by …

If You Can’T Beat Hemp, Join Hemp: A Policy Argument For A Federal Regulatory Framework Encompassing Intoxicating Hemp Derivatives And Marijuana And Why Re-Scheduling Marijuana Isn’T The Answer, Frances Alaina Rodriguez

University of Miami Business Law Review

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized industrial hemp and its downstream uses by removing hemp from the definition of marijuana under the Controlled Substances Act (CSA). Its enactment led to the explosion of a multi-billion dollar intoxicating hemp derivatives (IHD) market. This boom, combined with growing state–level marijuana legalization, presents a unique opportunity for comprehensive federal cannabis reform.

This Note argues that the traditional pathways for marijuana legalization—rescheduling through the Controlled Substances Act or state-by-state legislation—are inadequate given the emergence of a federally legal but largely unregulated IHD industry. Instead, this Note proposes a unified federal …

Like Oil And Water: How The Guyana-Venezuela Border Dispute Impacts Foreign Oil Investors, Aisha Jehaludi

University of Miami Business Law Review

Guyana, a hidden gem located on the northern coast of South America, is an emergent nation primarily known as the land of many waters. However, in 2015, this hidden gem captured international attention when the country struck liquid gold: oil. The discovery put Guyana on the map as an attractive foreign investment opportunity, and over the last ten years, Guyana has gone from being one of the poorest nations in South America to the nation with the world’s fastest growing economy.

This economic boom, fueled by foreign oil companies, also caught the attention of Guyana’s neighboring country, Venezuela. On December …

Bbnj Agreement And The Negotiation Process: An Analysis From Developing Country Perspective With Special Focus On Indonesia, Simi K K, Kavitha Chalakkal

Indonesian Journal of International Law

The governance of marine genetic resources from areas beyond national jurisdiction (ABNJ)and regulating access to this regime in all available and existing forms is a core issue before international policymakers. The recently concluded BBNJ Agreement negotiations for the conservation and sustainable use of marine biological resources from areas beyond national jurisdiction was a platform to negotiate for a new legal instrument to address the core issues related to marine diversity from ABNJ, as agreed under the UNGA Resolution 72/249 to address the problems identified in the 2011 package. Defining MGRs and developing appropriate access and benefit-sharing mechanisms for marine biological …

Changemakers: Susannah Johnson : L'25 : Charting A New Course : From Navy Officer To Legal Advocate, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Conversation In My Parlor About Climate Change And The Call To Thoughtful Service By Lawyers With Disabilities, Gary Norman Esq. Llm

Journal of Law and Health

Pope John Paul II penned, "So much of our world seems to be in fragments, in disjointed pieces." Experts admonish that an irreparable threshold of 1.5°C for global temperatures is not a theoretical remonstrance but an imminent imperative. Is this true? This article will explore if climate change exists. I will thoughtfully respond to this question in the affirmative, exploring center-based solutions. Specifically, this article will urge that these great United States require a new generation of leaders who can embody the energy of a Brother President Theodore Roosevelt, who possesses the eloquence of President John Kennedy, and who, like …

The Jacksons' Debate, Marcus Vinicius Neves

Vernacular: New Connections in Language, Literature, & Culture

The Jacksons’ Debate” explores ethical dilemmas through an alien civilization considering human consumption. This philosophical sci-fi story examines sentience, moral responsibility, and societal progress from a unique perspective. Blending dark humor with social commentary, it challenges readers to reflect on human behavior and ethical decision-making in the face of necessity and scientific advancement.

Climate Exceptionalism In Court, Zachary D. Clopton, David A. Dana

Northwestern University Law Review

Across a range of cases, fossil fuel companies, government actors, and some judges have conceded that climate change is an exceptional phenomenon, only to argue that its exceptional nature is a reason to keep climate change out of court. These parties and judges thus seek to avoid the adjudication of climate cases on the merits, even when the neutral application of existing law would provide for jurisdiction in these cases. We term this phenomenon “climate jurisdiction exceptionalism.”

This Article provides a comprehensive account of climate jurisdiction exceptionalism, focusing on two main threads: Article III standing and state court jurisdiction. First, …

Talking Trash: The Development Of International Legal Governance Over Marine Plastic Pollution, Olivia B. Berryman

Global Tides

Increasing amounts of marine plastic pollution entering into the ocean endangers the lives of sea animals, harms the health of human seafood consumers, degrades the marine ecosystem, and contributes to climate change. Despite these consequences, there remains no international legally binding treaty that is solely devoted towards mitigating marine plastic pollution. While there are current treaties in place that have created some regulations to control the entrance of marine plastics into the ocean, none have achieved significant reduction and prevention of the issue due to flaws such as weak enforcement mechanisms and lenient restrictions on ocean dumping. Thus, this research …

Changemakers: Julia Meskis '25 : 3l : Protecting The Waters 4-10-2025, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Federal Preemption In Airport Noise Abatement Regulation: Of Federal And State Power, Maine Law Review

Maine Law Review

The growth of air commerce in the United States has been characterized by the use of jet aircraft which has led to frequent litigation by local governments and their citizens attempting to abate the increased aircraft noise. Although from the inception of airflight there has been conflict between localities and the aviation industry over the noise produced by aircraft operations, the present conflict dates from the late 1950s when private air carriers first introduced pure-jet aircraft to the nation's civil airports. While the noise emitted from jet aircraft, measured in decibels, is not necessarily louder, it is of a higher …

Strategic Insights From Antarctic Mpas: Navigating The Future Framework For High Seas Mpas Under The Bbnj Agreement, Alyssa Huffman

University of Miami International and Comparative Law Review

Current area-based management systems regulate only about 1.18% of the high seas, leaving highly migratory fish species at risk of overexploitation. As a result, new legal mechanisms are essential for protecting and managing high seas fisheries. In recent decades, stakeholders have debated how to balance competing interests while ensuring equitable and sustainable access to areas beyond national jurisdiction. One proposed solution is the establishment of Marine Protected Areas (MPAs). However, creating and managing high seas MPAs is a complex process. The Parties to the Convention on the Conservation of Antarctic Marine Living Resources have undertaken this effort, establishing two MPAs …

To Infinity And Beyond (And Beyond): The Legal And Ethical Imperative For Rocket Reusability, Matthew Lumia

Duke Law & Technology Review

Although the Space Shuttle’s first flight was in the 1980s, reusable rocket technology did not achieve mainstream viability until SpaceX’s reusable Falcon 9 rocket revolutionized access to space. This note argues that transitioning to reusable rocket technology is not only a practical and economic advancement, but also a legal and ethical imperative. By analyzing reusable rockets through the “due regard” framework of the Outer Space Treaty, this note demonstrates how reusable rockets mitigate space debris, expand access to space, and can reduce environmental harm. Additionally, reusable rockets address critical ethical concerns by lowering barriers to space exploration, allowing the benefits …