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Agricultural Exceptionalism, Environmental Injustice, and U.S. Right-to-Farm Laws

While the environmental justice movement has gained traction in the United States, the relationship between agri-food systems and environmental injustices in rural areas has yet to come into focus. This Article explores the relationship between U.S. agricultural exceptionalism and rural environmental justice through examining right-to-farm laws.

State Protections of Nonfederal Waters: Turbidity Continues

This Comment examines the legal framework for state protection of nonfederal waters and its implications for cooperative federalism. After a brief overview and legal background, it identifies some recent state actions that attempt to fill gaps in coverage created by changes in federal interpretations of the Clean Water Act. It then summarizes the current scope of state regulation of waters in every state, in order to discern the likely impact of changes at the federal level on the status of waters in the states.

30 by 30, Areas of Critical Environmental Concern, and Tribal Cultural Lands

President Joe Biden’s Executive Order No. 14008 of January 2021 called for the Administration to conserve at least 30% of the nation’s lands and waters by 2030. To accomplish this ambitious “30 by 30” effort, the Order directed federal agencies to work with tribal governments, among others, to propose lands and waters as qualifying for conservation. This Comment examines "areas of critical environmental concern" and their potential role in the 30 by 30 program, particularly their potential to enlist tribal governments in helping to manage lands of tribal cultural significance. 

Federal Grazing Lands as “Conservation Lands” in the 30 by 30 Program

On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the “30 by 30” program to “conserve” 30% of the nation’s lands and waters by 2030, but to date, the Administration has yet to clarify the standards defining "conservation" lands. In September 2021, Nada Culver, the acting director of the Bureau of Land Management (BLM), and Chris French, the deputy chief of the Forest Service’s National Forest System (NFS) confirmed at an annual Public Lands Council meeting that they believe the nation’s grazing lands “should [be] include[d]” in the 30 by 30 count.

Arctic Anadromy and Congested Regime Governance

The Tana River in northernmost Norway is the most diverse Atlantic salmon river in the world. Its native salmon population has declined dramatically and resulted in a fishing ban that has affected indigenous life and distressed the local economy. Concern is mounting over the secondary infestation of Pacific pink salmon, transplanted decades ago, which creates a potential threat to the river’s genetic diversity and challenges the regime structures of international fisheries.

Salmon and the Clean Water Act: An Unfinished Agenda

Salmon require cool temperatures to migrate and reproduce. The Clean Water Act (CWA) requires states to develop and implement water quality standards sufficient to produce fishable waters. Nearly a half-century after its 1972 enactment, the modern federal statute’s goal of fishable waters has yet to be achieved in the case of salmon streams.

Marine Plastic Pollution: How Global Extended Producer Responsibility Can Help

Nearly nine million tons of plastic waste flow into our oceans each year, arriving in many ways—ranging from polluted rivers and waterways to the wastewater from our washing machines. Once in the ocean, this pervasive plastic pollution is nearly impossible to clean up. If there is anything positive to say about such a broad and complex challenge, it is that there are multiple ways to tackle the problem. Legal and policy solutions are increasingly moving away from the piecemeal, product-by-product approach of single-use plastic bans and toward mor