Editor's Summary: The U.S. Department of Transportation's new fuel economy rules for light trucks and sport utility vehicles are under fire, in part because the Bush Administration has taken the position that the new rules preempt the ability of California to set its own stricter rules under the CAA. Yet according to Valerie Brader, there is a weightier reason the new rules should stand: the provisions of the CAA giving California these regulatory powers are unconstitutional. She argues that the equal footing doctrine, a principle of American law that predates the U.S.

Editor's Summary: States play an important role in protecting endangered and threatened species, particularly those that are listed only under state endangered species acts (ESAs). Much like the federal Endangered Species Act, many state ESAs require agency consultation prior to the permitting of any activities that may result in the take of a listed species. But while this requirement is often clear for private activities, it may be less so for activities taken by state agencies.

Editors' Summary: Adaptive management has emerged as a response to the complexity of environmental policy implementation. Development, regulatory advances and shortcomings, and other contextual nuances all conspire to complicate policymaking. In this Article, Prof. Alfred Light explores how to adapt to changing circumstances by adopting more flexible management strategies. He explains how horizontal, intergovernmental networks may facilitate policy implementation more efficiently and effectively than traditional legal or hierarchical structures.

Editor's Summary: The Onondaga Nation of New York is currently involved in a lawsuit seeking to nullify a series of treaties executed by the state of New York and thereby assert title to over 3, square miles of land in Central New York State. The goal of the suit is to enforce an environmental restoration of culturally and historically significant aboriginal lands. In order to bring a claim against the state, the Nation must first compel the federal government to act on its behalf.

Editors' Summary: In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible "public use" under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain. Below, Prof. Patricia Salkin surveys those state initiatives that have been signed into law following the Court's decision in Kelo.

Editor's Summary: The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution serves to protect citizens'rights of access to the judicial system. Statutes of repose and statutes of limitations act to curb this right of access. Garris Ference argues in this Article that state statutes of repose have eroded the federal standard of equal protection and that these statutes may be unconstitutional due to their discriminatory effects.

Editor's Summary: With nanotechnology now a major funding priority for governments and industry around the world, devising the manner and timing of regulation presents a challenge. Too much regulation too soon could hinder development of beneficial technologies, while too little regulation too late may allow dangerous technologies to enter the market. Kenneth Abbott, Gary Marchant, and Douglas Sylvester argue that any solution to this regulatory dilemma must have four basic characteristics: the solution must be flexible, innovative, international, and official.

Editors' Summary: The United States is not the only government facing the challenges of nanotechnology regulation. The European Union (EU) is also contemplating a regulatory mechanism for this new technology. Prof. Geert van Calster discusses the EU approach in this Article. He begins with an overview of regulation in the EU, and explains how the growing trend toward coand self-regulation might be applied to nanotechnology. He then describes the impact that the Aarhus Convention may have on regulation, including access to information.

Editors' Summary: The United States and the EU currently stand in discord over the safety and value of GMOs in agricultural products. The disagreement culminated in a 2006 WTO Dispute Resolution Panel ruling in favor of the EU's use of discretionary, protectionist measures when regulating GMOs. In this Article, Jonathan Dorn explores whether international trade can co-exist with environmental protection. He offers background of the differing views on GMOs, explains the U.S.

Editors' Summary: The threat of terrorism and other armed conflict calls into question the security of the planet's water resources. Few legal tools exist to protect this critical resource. In this Article, Rupesh Mishra examines the vulnerability of freshwater and evaluates the tools that might be used to protect it during armed conflict. Surveying international law, custom, and emerging principles, he identifies opportunities where existing law might be better utilized for preservation of water.