Do You Need a Commercial Use Permit to Post that Picture?

The National Forest Service’s Regulation of Commercial Filming and Photography Christopher Bruno, Michigan Journal of Environmental and Administrative Law How many followers do you have on your Instagram account? What about Facebook? When you post pictures, do 10 people see them, or do 10,000? Do you post videos to YouTube? Have many people watched them? […]

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The Non-Delegation Non-Doctrine

The phrase “non-delegation doctrine” produces in the typical legal professional something between a patronizing sigh and a disbelieving eye-roll. Most of us have learned that, while there was once a doctrine with that name, it died before most of the current Supreme Court was born. Apart from the grumblings of a few textualist nitpickers and […]

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A Primer on Rails-to-Trails Conversions in the Eastern U.S.

Garrett M. Gee* This post is part of the Environmental Law Review Syndicate, and was originally published in the William & Mary Environmental Law and Policy Review.   The Rails-to-Trails Act (“Trails Act”) provides localities and nonprofits with a useful tool for transforming dormant rail rights-of-way (“ROWs”) into recreational trails.  16 USC § 1247(d).[1]  The Act streamlines […]

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Ethical Convergence and the Endangered Species Act

Caitlin Troyer Busch* This post is part of the Environmental Law Review Syndicate, and was originally published in the Stanford Environmental Law Journal.   Introduction The Endangered Species Act (ESA) is both lauded and criticized as one of the most powerful environmental laws ever enacted. Proponents of the law praise it for protecting thousands of endangered […]

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Class Action Filed in Glass Pollution Controversy

In early February, 2016, the Oregon Department of Environmental Quality (DEQ) announced that the air quality in a portion of Southeast Portland had “arsenic at levels 159 times above the state’s safety goal and cadmium levels 49 times higher[.]”[1] The health effects from prolonged exposure to air of this quality increase the chances of getting […]

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DAPA Going Forward

The Supreme Court is expected to hear the case of President Obama’s controversial executive immigration order.[1] Issued in 2014, Deferred Deportation Action for Parents of Americans (DAPA) would not only allow millions of illegal parents to stay in the country, but also to obtain temporary work permits and drivers licenses.[2] Twenty-six states (the “states”) are […]

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