The U.S. Supreme Court, in a splintered 5-4 decision, affirmed dismissal of a constitutional challenge to a California law that forbids in-state sale of pork meat from breeding pigs that are "confined in a cruel manner." Out-of-state pork producers challenged the law on dormant Commerce Clause groun...
In China, the year 2022 witnessed the further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Black Soil Protection Law and the Yellow River Protection Law, as well as revision of the Animal Husbandry Law and the Wildlife Protection Law. This Comment summarizes some of the year’s major developments.
The Fifth Circuit, 2-1, affirmed a district court ruling that denied the Sabine River Authority (SRA)-Louisiana's motion to dismiss a lawsuit concerning its release of water from a reservoir on the Sabine River between Texas and Louisiana. Property owners in both states argued that SRA-Louisiana and...
The Fifth Circuit dismissed Louisiana's challenge to the Biden Administration's interim estimates on the social cost of greenhouse gas emissions. Louisiana initially sought to preliminarily enjoin the interim estimates from being used, arguing they were procedurally invalid, arbitrary and capricious...
The U.S. Supreme Court held, 6-3, that Montana landowners' challenge to an easement allowing public access to a road running through their property was not time barred. The landowners sued over the scope of the easement under the Quiet Title Act (QTA), arguing the road's public use intruded on their...
A robust and growing commercial space sector is moving ahead at warp speed. While the industry today primarily offers satellite and launch services, tomorrow will bring manufacturing, research and development, resource extraction, and space tourism. What do these developments mean for the earth’s biosphere, as well as for the environments of other celestial bodies finally within humanity’s reach? This is the role of planetary protection, the principle of safeguarding both terrestrial and extraterrestrial environments from humanity’s propensity for introducing pollution into any habitat.
This Article explores the environmental justice, climate justice, and sustainable development implications of the recently enacted Inflation Reduction Act, which encourages domestically produced and processed minerals for the country’s energy transition from fossil fuels.
As noted by the International Energy Agency, taxation is a necessary component of strategies to increase adoption of electric vehicle (EV) technology. In the United States, taxation has supported the energy policy of increased uptake of EVs. This Article focuses on the evolving U.S. tax policy, highlighting the 2022 Inflation Reduction Act. It addresses continuing challenges and ways to meet those challenges, including examining some European policies for encouraging EVs. The author concludes by recommending policies that may be consistent with existing U.S.
Prior to Russia’s invasion of Ukraine, the direct targeting of nuclear power plants (NPP) was largely unimaginable in armed conflict. International humanitarian law (IHL) requires their protection, but since February 2022, Russia has directly targeted nuclear facilities, including the nonoperational Chornobyl NPP and the operational Zaporizhzhia NPP. This Article documents how NPPs in Ukraine have come under direct attack, been occupied, and used for military purposes.
A district court denied conservation groups' motion to intervene in a lawsuit concerning EPA's and the Army Corps of Engineers' rule defining the scope of the CWA. The groups sought intervention as of right, arguing they had "a significant, protectable interest" because they represent those who use ...