Environmental Law Commons^™

How States Can React To The “Summer Of Flooding,” Increase Flood Insurance Coverage, And Improve Flood Resiliency, Perry S. Warren, Esq., Joseph P. Keller, Esq.

San Diego Journal of Climate & Energy Law

Summer 2025 was the United States’ “summer of flooding,” as shown by four one-in-1,000-year rainfall events that occurred during a single week in July. Because flood damage is not covered under a standard homeowners, renters, or commercial insurance policy, many individuals and businesses affected by these storms will face difficulties repairing their property unless they purchased flood insurance. As flood risks increase due to climate change, flood insurance will become increasingly unaffordable unless governments intervene.

In 2024, Pennsylvania became the first and only state that established a Flood Insurance Premium Assistance Task Force. The Task Force issued nine recommendations calculated …

A Fission Decision: The Case For Extending Diablo Canyon’S Nuclear Operation, Isabelle Tyler

San Diego Journal of Climate & Energy Law

This Article examines the regulatory decisions and policy debates surrounding Diablo Canyon in the wake of recent legislation aimed at extending the plant’s operational timeline. Presenting a balanced analysis of the arguments both for and against the closure, this Article explores how the new bill reshapes the conversation around the plant’s future. While proponents of the shutdown emphasize safety concerns and the goal of an all-renewable grid, this Article argues that closing Diablo Canyon would hinder California’s decarbonization efforts and jeopardize energy reliability amid increasing power shortages and extreme weather events. By analyzing legal precedents, energy data, and environmental impacts, …

Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen

Brooklyn Journal of International Law

This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …

Green Technology And International Patents: Incentivizing Innovation Or Blocking Access?, Matteo Rizzi

Brooklyn Journal of International Law

As the global climate crisis intensifies, the transition to clean energy technologies has become an urgent priority for the world's largest carbon dioxide emitters: China, the United States, and India. This Note examines how patent law can serve as a critical instrument in accelerating that transition. The patent system’s core quid pro quo grants inventors exclusive rights in exchange for public disclosure, creating powerful incentives for innovation. Yet the law’s failure to require active use of patented technologies has enabled a range of anticompetitive behaviors, including patent trolling, patent warehousing, and the accumulation of dormant patent portfolios, that allow proprietary …

Colliding Interests: Solving The Space Debris Crisis Through Us-China Cooperation, Grace E. Mannion

Brooklyn Journal of International Law

As human activity in outer space accelerates, the accumulation of space debris in Low Earth Orbit (LEO) presents an increasingly urgent threat to global infrastructure, economic stability, and the future of space exploration. This Note examines the regulatory and geopolitical challenges underlying the space debris crisis, with particular attention to the fragmented nature of existing international legal frameworks. Current regimes, including the Outer Space Treaty and the Liability Convention, establish broad principles of cooperation and liability but fail to meaningfully address the rapid growth of orbital debris driven by both state and commercial actors. Focusing on the United States and …

V. 17, 2026 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.

Land Forward: Planning For Legal Reforms To Facilitate Land Back And Community-Driven Relocation In Response To Climate Change, E. Barrett Ristroph

San Diego Journal of Climate & Energy Law

Indigenous and other place-based communities face the loss of their homes due to climate change. The practices that have led to the current climate crisis have also contributed to the historical dispossession and marginalization of these communities. United States laws and programs already provide for land transfers to federally recognized tribes, home buyouts for households in hazard-prone areas, and community development. But these laws and programs are piecemeal, reactive, and often inaccessible to the communities most in need. They do not provide a streamlined method for tribes to regain lands needed for rematriation and adaptation. Nor do they allow place-based …

Back To Intent: Revamping California’S Flagship Environmental Legislation And Tackling The Rise Of The “Super-Commuter”, Jordan Q. Davis

San Diego Journal of Climate & Energy Law

The passage of the California Environmental Quality Act (CEQA) in 1970 has long been considered a watershed moment in the evolution of government participation in environmental issues. In the years since, CEQA has played a pivotal role in protecting Californians’ access to the beautiful nature offered by the Golden State. However, the very regulation that has been repeatedly relied upon to breathe clean air and drink clean water may very well be an instrument upon which Californians could return to smog-ridden skies. In this regard, CEQA’s biggest vulnerability may come from a most unexpected place: its strength.

The tools by …

Soaring To New Heights Through The Lens Of The Scarlet Macaw–A Post-Loper Bright Interpretation Of The Endangered Species Act’S “Significant Portion Of Its Range” For A Climate-Driven “Foreseeable Future”, Kathryn Wood

San Diego Journal of Climate & Energy Law

This Comment will argue for particular interpretations of “significant portion of its range” and “foreseeable future” under the ESA to prioritize species preservation in the face of climate change.

The analysis begins by describing key aspects of the ESA, including its historical background, its conceptual definitions, its prescribed method for determining endangered species and threatened species, its listing process, and critical habitat requirements. This Comment then discusses climate change as a source of threat and endangerment “within the foreseeable future,” and whether acts worsening climate change can constitute an unlawful taking. Next, this Comment considers how the Supreme Court’s decision …

Unlocking Green Innovation: Navigating Trade Secret Law In The Quest For Sustainable Solutions, Jacob Wright

San Diego Journal of Climate & Energy Law

This Comment explores the tension between trade secret protections and the global demand for climate-related technologies, arguing that a more balanced approach is necessary to align intellectual property law with the public interest. By examining the limits of existing legal frameworks, such as the DTSA, this analysis will highlight how these laws prioritize proprietary interests over environmental needs. It will also propose regulatory strategies that could help bridge this gap, such as expanding compulsory licensing frameworks, implementing public-private partnerships, and introducing public interest exceptions specifically tailored to clean energy technologies. Ultimately, this comment aims to contribute to the ongoing conversation …

Litter Law, Sean Lyness

Brooklyn Law Review

The problem of litter—and the efforts Americans have taken to eradicate it—has largely been a footnote in the story of environmental law. But litter has never been a small issue, both in terms of the magnitude of the problem and the legal system’s attempts to address it. Every state in the country and thousands of municipalities have laws on litter. Few areas of law are so ubiquitous. I call this body of law “litter law.” This Article is the first piece of legal scholarship to comprehensively examine litter law. How did the thousands of laws regulating litter come to be? …

Advocacy Matters, Richard Collins

American Indian Law Journal

The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …

Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan

American Indian Law Journal

The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …

Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer

American Indian Law Journal

This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …

The Federal Trust ​​​Responsibility ​And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations​​​ ​, Sofia Sallas

American Indian Law Journal

Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …

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American Indian Law Journal

No abstract provided.

Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson

American Indian Law Journal

Federal criminal forfeiture is a powerful tool meeting at the nexus of criminal law and property law. Courts justify its use based on its English common law history. After seizing and selling assets, the federal government doles out payments from its Assets Forfeiture Fund to cooperating law enforcement agencies through equitable sharing agreements that bind recipients to use funds for law enforcement purposes. Tribal Nations have compelling legal and policy arguments for their entitlement to greater access to and discretion over forfeiture funds obtained through seizures in Indian country. These legal arguments are grounded in: (1) federal criminal forfeiture’s failure …

September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

The Right To A Stable Climate: Common Law Remedies And Constitutional Protections In Washington State, Ella Koscher

Washington Journal of Social & Environmental Justice

The climate crisis touches every corner of the globe. Climate

change exacerbates the intensity of natural disasters, droughts, floods,

and wildfires, and accelerates sea level rise, desertification, habitat loss,

and species extinction. Billions of people, including millions of U.S. residents,

are currently highly vulnerable to these impacts. The science has

long established that greenhouse gases from fossil fuel use and production

are a main driver of climate change, and the largest source of greenhouse

gas emissions in the U.S. derives from our fossil fuel-based energy

system. Various oil and gas companies produce, advertise, and distribute

fossil fuels in the U.S., …

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Seattle University Law Review

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