Publications about: Volume 15

The National Ocean Policy: Can it Reduce Marine Pollution and Streamline Our Ocean Bureaucracy?

Green Sea Turtle descending after taking a breath

This Note focuses on one major contributor to the global
environmental problem—marine pollution—and evaluates how the United
States’ NOP targets, among other actions, collaborative agency efforts for
potential ocean pollution reduction.

EPA’s Authority Gone Awry: The Flawed CAFO Reporting Rule

The cows in the cowshed eating through fences

This rule would require all AFOs, regardless of size and
regulatory status, to report specific information to EPA in order to ensure
that CAFOs are complying with the requirements of the CWA. Even
though EPA recognized the necessity and importance of obtaining this
information, it withdrew the CAFO Reporting Rule in July 2012. EPA may have claimed good intentions in proposing this rule; however, events
leading up to EPA’s proposal of the rule show ignoble intentions. It was
in EPA’s best interest to withdraw the CAFO Reporting Rule due to
numerous problems with the rule that this article will address.

Story of a De-delegation Petition: Nuts, Bolts, & Happy Endings in Vermont

scenic farm

This article tells the story of CLF’s Petition, with particular emphasis
on the mechanics of building and then sustaining the Petition through near-resolution

Courting Colorado’s Water Courts in California to Improve Water Rights Adjudication? Letting Go and Improving Existing Institutions

Scale icon

Water rights
adjudication presents California with the challenges of high costs,
complexities, and delays. This article evaluates the appropriateness of
adopting special water courts in California to remedy these issues.
Specifically, this article examines the appropriateness of adopting
Colorado’s water courts system, given a recent California Water Law
Symposium’s consideration of this proposal.2 While a distinguished panel
of jurists and an attorney from both California and Colorado offered
insightful and interesting views,3 many questions remain. This article seeks
to deepen the debate and explain why California may benefit more by
dropping the idea of water courts, and working from within instead.

Better Living Through Chemicals (Regulation)? The Chemical Safety Improvement Act of 2013 Through an Environmental Public Health Law Lens

Chemist working cautiously with liquid and futuristic interface showing formula in soft focus effect

By creating a regulatory framework that prioritizes
chemical regulation based on scientific understanding of these substances’
impacts on human health, then managing the risks posed by the high
priority chemicals through policy tools that reflect our tolerance for taking
precaution, the CSIA offers better living through chemistry and chemistry
regulation. It’s not perfect. But it’s better. And it sets us on the path of
making wiser environmental public health law in the twenty-first century.

The “Right to Health” and “Right to Life”: Positive Obligations for Controlling Air Pollution in Hong Kong in Clean Air Foundation v. HKSAR

Air pollution hangs over the Happy Valley district of Hong Kong Island

This paper analyzes how this case builds upon rights-based approaches in Hong Kong litigation, but for the first time in the environmental context.

Climate Change and the Decline of the Federal Range: Is Adaptive Management the Solution?

White Mountain Mustangs

Appendix

Sunrise from coast of Kelleys Island in Lake Erie.

Back on the (Supply) Chain-Gang: Whether the SEC Final Rule for Supply Chain Disclosure is the Beginning of Purely Social and Environmental Disclosure

Word cloud for Financial regulation

All Aboard: Navigating the Course for Universal Adoption of the Public Trust Doctrine

Sunrise from coast of Kelleys Island in Lake Erie.