This week’s post, “When a Disaster Is Not a “Disaster” and Why that Title Matters for Flint,” is by Helen Marie Berg, General Member of the Michigan Journal of Environmental & Administrative Law. Read it here!
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By Helen Marie Berg, General Member of the Michigan Journal of Environmental & Administrative Law. This post is part of the Environmental Law Review Syndicate. The original post can be viewed here. In January 2016, Michigan Governor Rick Snyder appealed to the federal government for a $96 million emergency aid grant in response to the tremendous and growing public health crisis in Flint, Michigan.[1] City and state officials caused the crisis. They decided to switch the city’s drinking water source from Lake Huron to the Flint River, but failed to add the proper anti-corrosion treatment to the lead pipes…
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This week’s post, Rising Seas in the Holy City: Preserving Historic Charleston in the Face of Global Climate Change, was written by Will Grossenbacher, former Editor-in-Chief of the Virginia Environmental Law Journal. Read it here!
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Will Grossenbacher* This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. From October 2–5, 2015, the State of South Carolina, and the City of Charleston in particular, experienced historic rains: sites in the Charleston area reported up to twenty-six inches of rain.[1] The downpour combined with high tides to create flooding that closed dozens of streets throughout the City. Then, at the end of October, Charleston experienced the fourth-highest tide ever recorded in the City.[2] Persistent winds combined with the bi-monthly spring tide to create a high tide that reached 8.7…
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This week’s post, titled Implementing Supplemental Environmental Project Policies to Promote Restorative Justice, is by Eric Anthony DeBellis, Senior Executive Editor of the Ecology Law Quarterly. Read it here!
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by Eric Anthony DeBellis, Senior Executive Editor of the Ecology Law Quarterly. This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. Introduction The overwhelming majority of environmental enforcement actions settle out of court, but overlooking settlements as merely a mechanical means to save time and court costs is a mistake. An agency’s approach to settlement has tremendous environmental justice implications that go largely unnoticed. In a traditional enforcement settlement model, the government claims the exclusive right to speak for the people. It brings an enforcement action against the defendant, and…
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This week’s post, Scalia’s Swan Song: The “Irreconcilability Canon” Resolves the Clean Air Act’s Section 111(d) Drafting Error and Encourages Good Lawmaking, was written by Brenden Cline, Editor-in-Chief of the Harvard Environmental Law Review. Read it here!
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By Brenden Cline, Editor-in-Chief, Harvard Environmental Law Review This post is part of the Environmental Law Review Syndicate. Read the original here and leave a comment. [This] is a ‘rare case.’ It is and should be . . . . But every generation or so a case comes along when this Court needs to say enough is enough. — Chief Justice Roberts[1] As my law school graduation nears, I’d like to advance a common-sense argument for the Clean Power Plan’s statutory authority that only a law student could make: the D.C. Circuit and Supreme Court should reject EPA’s and…
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This week’s post from the Environmental Law Review Syndicate, titled Plugging the Regulatory Holes: How to Prevent the Next Aliso Canyon Catastrophe, was written by Myles Osborne of the Michigan Journal of Environmental & Administrative Law. Read it here!
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Myles Osborne* This post is part of the Environmental Law Review Syndicate. Read the original and leave a comment here. In late October 2015, the Southern California Gas Company’s Aliso Canyon Natural Gas Storage Facility began spewing natural gas into the air over the San Fernando Valley at a rate of 110,000 pounds per hour.[1] Composed primarily of methane, a “short-lived” climate pollutant[2] with twenty-five times the global warming impact of carbon dioxide,[3] the leak effectively doubled the methane emissions rate for the Los Angeles Basin.[4] With substantial environmental costs and several botched attempts at containment, the leak…