An Enduring American Heritage: A Substantive Due Process Right to Public Wild Lands
I magine, on account of an economic downturn associated with massive defense spending, or a change in regulatory philosophy, or a pandemic, the U.S. Congress enacted legislation duly signed by the president to sell virtually all federal wild lands to the highest bidder without restriction. Would such action be constitutional?
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
U.S. Aquaculture’s Promise: Policy Pronouncements and Litigation Problems
On May 7, President Donald Trump issued Executive Order No. 13921, Promoting American Seafood Competitiveness and Economic Growth, stating that it is U.S. policy to “facilitate aquaculture projects through regulatory transparency and long-term strategic planning.” To further this policy, the Order directs the U.S. Army Corps of Engineers to create a nationwide permit for aquaculture operations, and tasks the National Oceanic and Atmospheric Administration with a variety of planning- and permit-related responsibilities.
Jumping Through Hoopa: Complicating the Clean Water Act for the States
Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are required to set conditions within one year or they forgo their ability to do so. In practice, the one-year review is difficult for states to meet and led to a common practice known as “withdraw and resubmit” in which states could reset the clock. But in Hoopa Valley Tribe v. Federal Energy Regulatory Comm’n, the D.C.
Compliance Models for Off-Grid Wastewater Treatment and Reuse
Throughout the world, people struggle to gain access to stable sources of clean water. While there are increasingly innovative solutions being developed, many communities simply do not have access to efficient, centralized wastewater management systems, and as a result, face difficulty finding reliable sources of water for daily use. There is a great need to implement novel systems that can fill the gap, especially for isolated or “off-grid” communities.
Federalism's Blind Spots: The Crisis of Small Drinking Water Systems
Drinking water contamination in Flint, Michigan, has garnered much-needed nationwide attention, but such contamination is neither isolated, nor a primarily urban problem. A hidden water crisis is straining thousands of smaller communities that share Flint’s risk factors—shrinking populations, social marginalization, and deficient funds. This Article posits that the Safe Drinking Water Act’s increasingly decentralized monitoring and funding scheme has drained communities of the capacity to deliver safe water.
Reuse, Restore, Recycle: Historic Preservation as an Alternative to Sprawl
Our country's landscape has changed dramatically over the last 50 years as a result of numerous governmental policies and subsidies that encourage low-density development commonly referred to as "sprawl." Sprawl results in environmental problems ranging from air pollution to wetland degradation. Our countryside is disappearing and becoming more fragmented, while urban areas are simply neglected. Moreover, this type of growth, which has gone unchecked for the latter half of this century, increases traffic congestion, strains public budgets, and deteriorates our quality of life.
Overboard? The Complexity of Traditional TMDL Calculations Under the Clean Water Act
The Clean Water Act (CWA) requires states to calculate total maximum daily loads (TMDLs) of individual pollutants that impair their waters.
Technology and the Seas: Enforcement in Marine Protected Areas
Established in over 65 countries and territories, marine protected areas (MPAs) embody a range of habitats, enable the provision of fundamental ecosystem services, protect marine biodiversity and cultural resources, and provide spaces to conduct cutting-edge research and implement innovative policies. Yet management of MPAs can face challenges, including the lack of adequate tools, the need for rules to secure comprehensive monitoring, the vastness of the ocean, and more.