Vol. XLII Vol. 2

Subverting Congress’ Intent: The Recent Misapplication of Section 10 of the Endangered Species Act and Its Consequent Impacts on Sensitive Wildlife and Habitat

Abstract: Section 9 of the Endangered Species Act, or the ESA, strictly prohibits any person or other entity from “taking” any endangered or threatened species, whether purposefully or incidentally. In section 10 of the ESA, Congress created two distinct permit mechanisms to allow the U.S. Fish and Wildlife Service, or FWS, to authorize take in […]

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Standing Up For Industry Standing in Environmental Regulatory Challenges

Abstract: Article III of the U.S. Constitution limits courts to hearing only cases and controversies. To address this limitation, federal courts have developed the doctrine of standing, which requires a litigant to have suffered a cognizable injury in fact, which was caused by the challenged conduct and that will be redressable by a favorable outcome. […]

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Bringing Southern Bluefin Tuna Back From the Brink: Enhancing Understanding of the Scientific Process in the Western and Central Pacific Fisheries Commission

Abstract: The Commission of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean, or the WCPFC, manages fish stocks of significant financial and ecological value across a vast area of the Pacific Ocean. WCPFC members, however, have disagreed sharply over management measures for tuna, sharks, and other […]

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Rule 10b-5 at the Intersection of Greenwash and Green Investment: The Problem of Economic Loss

Abstract: Despite the recent growth of socially responsible investment (“SRI”), there is little evidence supporting its central claim: that it can affect a company’s cost of capital, thus inducing good behavior. Accordingly, this Note questions whether there are legal ramifications for a company that misrepresents its environmental and social practices, when such practices in fact […]

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Iceberg Harvesting: Suggesting a Federal Regulatory Regime for a New Freshwater Source

Abstract: The global freshwater shortage has already reached crisis levels. The World Health Organization and UNICEF estimate that there are over 700 million people in the world without access to clean drinking water. While this crisis continues to intensify, a massive, game changing source of freshwater is floating in the Arctic and Antarctic oceans, slowly […]

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Strict Liability in Cycling Laws to Ready the Roads for Environmentally Friendly Commuting

Abstract: Because automobiles cause harmful effects on the environment, the United States should encourage bicycling as an alternative means of transportation to automobiles. Many Americans elect not to cycle as a means of transportation out of fear of a collision with an automobile. Such collisions can be devastating physically and financially, and yet, after a […]

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People of the Outside: The Environmental Impact of Federal Recognition of American Indian Nations

Abstract: American Indians interact with land and the environment in a manner that is distinct from non-native peoples. They view natural resources as an integral part of their way of life. As a result, Indian tribes desire to implement policies and programs that will protect their natural resources. In order to receive federal assistance for […]

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Free Riders on the Firestorm: How Shifting the Costs of Wildfire Management to Residents of the Wildland-Urban Interface Will Benefit Our Public Forests

Abstract: Since the early 1900s, the federal land management agencies—the Forest Service in particular—have focused their wildfire management efforts on suppression. A century of wildfire suppression policy has created a buildup of natural fuels in the Nation’s forests that contribute to larger, more damaging fires today. This, coupled with the rapid development of the Wildland-Urban […]

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Staged CERCLA Remediation vs. Biogeochemical Cycling: How the Seventh Circuit Compartmentalized the Environment in Frey v. EPA, and Why Polychlorinated Biphenyls Don’t Car

Abstract: For decades, toxic chemicals have leaked from disposed electronic equipment into the environment at several sites around Bloomington, Indiana. The contamination has resulted in a series of lawsuits concerning when citizens may bring legal claims in order to have input in the cleanup process. The Seventh Circuit, in Frey v. U.S. Environmental Protection Agency, […]

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Bucking White Stallion: Why EPA Should Have Prohibited Cost Considerations from Clean Air Act EGU Regulatory Designations and Why the D.C. Circuit Would Have Upheld It

Abstract: In 2012 the Environmental Protection Agency issued a Final Rule subjecting coal and oil-fired electric utility steam generating units, or EGUs, to EPA regulation under section 112 of the Clean Air Act, officially listing them as “source-categories” of Hazardous Air Pollutant, or HAP, emissions. Additionally, the agency held that situation-specific factors, such as implementation […]

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