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Nuclear Regulatory Commission v. Texas
The U.S. Supreme Court, 6-3, held that the state of Texas and a private business, which petitioned to review NRC's decision to grant a renewable 40-year license to a private entity seeking to store spent nuclear fuel at an off-site facility in West Texas, were not entitled to judicial review because...
CTM Holdings, LLC v. United States Department of Agriculture
A district court denied summary judgment for a company that owns and manages Iowa farmland in a lawsuit concerning a federal wetland conservation law known as Swampbuster. The company challenged the program, which disqualifies one from receiving USDA farm benefits if they convert certified wetl...
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...
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.