Climate Change Regulation Through Litigation: New York’s Investigation of ExxonMobil under the Martin Act

By Chris Erickson* In November 2015, New York Attorney General Eric Schneiderman began an investigation into whether ExxonMobil made public statements about climate change that conflicted with its own internal research.[1] Schneiderman issued a subpoena to ExxonMobil ordering production of documents related to its internal climate change research and the use of that research in […]

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States and Rates: Federal Preemption in the Interstate Energy Marketplace

By Kyle Smith* Barrier to entry into the electricity production industry is naturally high due to steep upstart costs and regulatory uncertainty.[1] These barriers are perhaps even higher for electricity production through renewable energy technologies. In addition to requiring significant investment into research and development that put them at a headwind to mature energy technologies, […]

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Clash Over the Definition of “Waters of the U.S.”

By Anna Rasmussen* On June 29, 2015 the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published The Clean Water Rule.[1] Almost immediately upon its publication, the Clean Water Rule raised concerns both from those who believe the rule gives too much and too little jurisdiction to the federal government. The […]

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Iowa Farmers Oppose Eminent Domain for Dakota Access Pipeline

By Andrea Sinele* Dakota Access, LLC, a subsidiary of Texas-based Energy Transfer Crude Oil Company, LLC, is currently constructing the 3.7 billion dollar Dakota Access Pipeline (DAPL), which will carry 470,000 barrels of crude oil per day from North Dakota to Illinois.[i] To make room for the pipeline, Dakota Access has forcibly utilized privately owned […]

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Regulation and the Monopolizing Airline Industry: The Mega-Mergers of 2008-2014

By Alex Kraik* From 2008 to 2014, during the fallout from the financial crisis that roiled the U.S. and its markets, the domestic airline industry underwent a succession of mergers.[1]  These consolidated the industry into four dominant companies: American Airlines, Delta, United, and Southwest.[2]  These oligopolistic entities are now being sued for price-fixing and are […]

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Enough Horsing Around

  By Joseph Godio* INTRODUCTION             New York City is a city thought by many to be one of the most incredible, majestic, and beautiful cities in the world.  Its prominence and prosperity has grown just like the skyline, continuously reaching new heights.  Ironically, one of the most beautiful places in New York City, Central […]

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