By Linda Breggin and D. Bruce Myers Jr. The last century marked a sea change in the way agricultural operations are conducted. This “industrialization” of agriculture has significantly increased efficiency and yields, but it also has generated — as an unintended byproduct — pollution. The pollution resulting from commodity crop operations can have harmful effects locally and … [Read more...] about Subsidies with Responsibilities: Placing Stewardship and Disclosure Conditions on Government Payments to Large Scale Commodity Crop Operations
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Sackett v. EPA
By Turner Smith and Margaret Holden The Supreme Court has historically maintained a complicated, tumultuous relationship with Clean Water Act cases. However, on March 21, 2012, the Court aligned in rare form to issue a unanimous, clear opinion in Sackett v. EPA. The decision establishes Administrative Procedure Act judicial review for Administrative Compliance Orders under the … [Read more...] about Sackett v. EPA
Ocean Governance for the 21st Century: Making Marine Zoning Climate Change Adaptable
By Robin Kundis Craig The variety of anthropogenic stressors to the marine environment — including, increasingly, climate change — and their complex and synergistic impacts on ocean ecosystems testifies to the failure of existing governance regimes to protect these ecosystems and the services that they provide. Marine spatial planning has been widely hailed as a means of … [Read more...] about Ocean Governance for the 21st Century: Making Marine Zoning Climate Change Adaptable
In re: Oil Spill by the Oil Rig “Deepwater Horizon”
By Brendan Selby This Comment discusses the ongoing litigation arising from the oil spill around the Deepwater Horizon rig. In particular, it analyzed the causation standard for claims for pure economic loss against the background of maritime common law and OPA’s economic loss provision, which most courts have found to eschew the common law pure economic loss rule. Following … [Read more...] about In re: Oil Spill by the Oil Rig “Deepwater Horizon”
The Dormant Commerce Clause and Water Export: Toward a New Analytical Paradigm
By Christine A. Klein Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska ex rel. Douglas. Determining that groundwater is an article of … [Read more...] about The Dormant Commerce Clause and Water Export: Toward a New Analytical Paradigm