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E-Cigarettes as Waste and the Need to Regulate "Disposable" Products

Between January 2020 and March 2023, U.S. electronic cigarette sales grew 43%, from 15.6 million devices per month to 22.4 million devices. During this time frame, the portion of sales comprising disposable devices grew from 4 million to 11.9 million per month. The impact upon the environment has been largely overlooked by policymakers.

“Along” the National Scenic Trails: A Case Study of Statutory Interpretation

This Comment looks at the background of national scenic trails and lawmakers’ intent for the experiences these trails should provide, analyzes the difference in meaning between the terms and concepts of “on” and “along,” and considers the width of adjacent management areas that lawmakers implied with the use of the latter term. It also examines the management implications of these interpretations, and where agencies and nonprofit trail management partners may go from here.

Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

The relationship between the Convention on Biological Diversity and the Trade-Related Aspects of Intellectual Property Rights regime under the World Trade Organization is complex. The manner in which intellectual property rights (IPRs) pertaining to genetic resources (GRs) and associated traditional knowledge (ATK) are handled is the main source of this dissonance.

BLM’s Conservation Rule and Conservation as a “Use”

In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact landscapes, restore degraded habitat, and manage for ecosystem resilience.

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.

Patching a Persistent Problem: PFAS and RCRA’s Citizen Suit Provision

Per- and polyfluoroalkyl substances (PFAS) are a toxic, environmentally persistent class of chemicals that have been used widely in consumer products. Despite growing evidence of adverse health effects associated with PFAS exposure, the U.S. Environmental Protection Agency has not yet promulgated a legally enforceable standard for any of the individual chemicals in the PFAS group. This has resulted in largely unrestricted disposal of PFAS waste and dispersal of these persistent chemicals throughout the environment.

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.

Mineral Estate Conservation Easements: A New Policy Instrument to Address Hydraulic Fracturing and Resource Extraction

The rise of high-volume hydraulic fracturing has been accompanied by a suite of environmental and social concerns, including potential water and air contamination, greenhouse gas emissions, health effects, and community disruptions. Concerned over these negative environmental impacts, individuals and communities have turned to the law to restrict oil and natural gas production.

Advice for Owners of Contaminated Land After Meghrig v. KFC Western, Inc.

In the past few years, owners of contaminated land, seeking to supplement possible causes of action under the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) and under state common law and state statutes, increasingly have looked to §7002(a)(1)(B) of the Resource Conservation and Recovery Act (RCRA) to shift responsibility for remediation costs to former owners or operators.