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Institute for Fisheries Resources v. United States Food and Drug Administration
A district court granted in part and denied in part advocacy and industry groups' motion for summary judgment in a challenge to FDA's decision to allow a company to create and farm genetically engineered salmon. The groups argued that FDA violated NEPA by failing to take a sufficiently "hard look" a...
WildEarth Guardians v. Bernhardt
A district court granted BLM's request to remand without vacatur 27 oil and gas leasing decisions across five states. Environmental groups argued that BLM failed to consider the cumulative impacts of the leases as required under NEPA, and sought to have them vacated and remanded. The court found tha...
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.
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.