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Resisting Regulatory Rollback in the Trump Era: The Case for Preserving CZMA Consistency
On March 11, 2019, the National Oceanic and Atmospheric Administration published an advance notice of proposed rulemaking to amend regulations that implement the Coastal Zone Management Act’s (CZMA’s) consistency requirement. This Article places the notice in context, focusing on the CZMA’s role in state review of offshore oil and gas development and its evolution to provide a predictable framework that balances coastal state interests with the nation’s energy needs.
Upstream Addicks and Barker (Texas) Flood-Control Reservoirs
The Court of Federal Claims held the U.S. government liable for the flooding of homes and businesses near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey. Property owners argued that the government improperly used their land to retain floodwaters during the hu...
The Case for a Legislated Market in Minimum Recycled Content for Plastics
The plastic packaging industry faces mounting shareholder and public pressure to reduce the environmental impact of post-consumer plastic packaging. The recycled plastics market in the United States is positioned for growth; however, developing a reliable supply of post-consumer plastics will be expensive because of problems in the recycling market. Reliance on export markets has limited investment in domestic recycling capacity, local collection programs vary considerably, and many consumers are ignorant about what can be recycled.
Animal Legal Defense Fund v. Reynolds
A district court preliminarily enjoined Iowa from enforcing a statute that criminalized undercover investigations of slaughterhouses and other animal facilities. Environmental groups argued that the state statute impermissibly restricted their free speech under the First Amendment because it was a c...