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Oyster Bay v. Northrop Grumman Systems Corp.

A district court granted in part and denied in part an aerospace company's motion to dismiss a lawsuit alleging that it failed to address the release of hazardous materials on an 18-acre property in the town of Oyster Bay between 1949 and 1962 and that has since become a community park. The town&nbs...

A Treaty Right to Healthy Forests? Using Tribal Fishing Rights to Challenge Timber Sales

Tribes in the Pacific Northwest have faced persistent obstacles to their exercise of treaty fishing rights, most prominently illegal regulation of off-reservation fishing by state governments. As salmon decline, a new frontier is emerging for treaty right violations: environmental degradation. A recent court victory ruled that a series of culverts owned and operated by the state of Washington violated tribal treaty rights to fish for salmonids at their “usual and accustomed” places.

Annual Review of Chinese Environmental Law Developments: 2024

In China, the year 2024 witnessed further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Energy Law of the People’s Republic of China, revision of the Mineral Resources Law of the People’s Republic of China, and adoption of a series of administrative regulations. This Comment summarizes some of the year’s major developments.

Public Playgrounds or Private Trusts? The Future of Recreation on State Trust Lands

State trust lands, covering more than 40 million acres across the West, were granted to states with the primary purpose of generating revenue for public schools and other designated beneficiaries. These lands were historically managed for extractive uses such as grazing, timber harvesting, and mineral development. This Article examines how recreation—ranging from hiking and hunting to wildlife viewing and camping—fits within this fiduciary framework.

Examining State Climate Superfund Legislation

There has been an influx of “climate superfund” bills introduced and adopted in state legislatures across the country. Modeled after the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), these laws are designed to recover costs from large emitters of greenhouse gases (GHGs) to pay for climate adaptation infrastructure.