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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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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Climate Justice in EPA’s 2020 EJ Action Plan

By Ally Beasley* On October 24, 2016, the World Meteorological Organization issued an alarming press release.  Global average CO2 levels appear to have permanently surpassed the symbolic threshold of 400 parts per million (ppm), significantly reducing the chances of curtailing global temperature rise beyond the 2° Celsius goal reached in the Paris agreement.[1]  Just three […]

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Science And Deference: The “Best Available Science”  Mandate is A Fiction in the Ninth Circuit

Elizabeth Kuhn* I. Introduction Many recent decisions by the Ninth Circuit[1] have required the court to review agency actions under the Administrative Procedure Act[2] (APA) arbitrary or capricious standard.[3]  The Supreme Court has held that the arbitrary or capricious standard is a “highly deferential” standard of review, though the inquiry must nonetheless “be searching and […]

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