But Flooding is Different: Takings Liability for Flooding in the Era of Climate Change
With the increased risk of flooding due to climate change, potential liability from construction and maintenance of flood control measures is a major consideration governments must consider when planning and building them. This Article discusses how the Supreme Court’s decision in Arkansas Game & Fish Commission v. United States (AGF) laid the groundwork for a new form of takings that the authors term “negligent takings,” increasing the likelihood that the government will be liable after a flooding event.
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.
Governing AI: The Importance of Environmentally Sustainable and Equitable Innovation
Artificial intelligence (AI) and complex machine learning algorithms have come to play a profound role in many of our day-to-day activities.
COVID-19 and Environmental Law
The COVID-19 pandemic will have far-reaching and even transformative implications for environmental law.