The MJEAL Blog

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

Posted by on Saturday, February 4th, 2017 in Environmental Law Review Syndicate, MJEAL Staff Posts, The MJEAL Blog | 0 comments

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 […]

Cultural Heritage Protection as Environmental Protection

Posted by on Thursday, April 27th, 2017 in MJEAL Staff Posts, The MJEAL Blog | 0 comments

by Joel Richert* For the first time, the International Criminal Court (ICC) has prosecuted the destruction of cultural heritage. [1] In 2012, the Ansar Eddine, an Al-Qaeda in the Islamic Maghreb associated militant group based in Northern Mali, captured the city of Timbuktu and imposed strict Islamic law on a previously moderate society. [2] Ahmad […]

Arming the Paris Agreement

Posted by on Tuesday, April 25th, 2017 in Environmental Law, The MJEAL Blog | 0 comments

By Sean Higgins* World leaders and international corporations expressed alarm that President Donald Trump’s administration will threaten the Paris Agreement on climate change.[1] They are concerned that Trump will withdraw, undermining the agreement’s goal.[2] However, America’s withdrawal is unlikely because the agreement allows Trump to not comply with the agreement without incurring sanctions. This potential […]

Navigating with an Ocean Liner: The Clean Water Rule, Trump’s Executive Order, and the Future of “Waters of the United States”

Posted by on Friday, April 21st, 2017 in Environmental Law, Environmental Law Review Syndicate | 0 comments

Kacy Manahan* I. Introduction The scope of the Clean Water Act’s jurisdiction has been controversial throughout the statute’s history. Reconciling the extent of Congress’ Commerce Clause authority with the reality of vast hydrological connections across the United States has been an unenviable task delegated to the United States Environmental Protection Agency (EPA) and the United […]

The Federalist Regulations: The EPA and the Rush to Regulate Methane

Posted by on Wednesday, April 19th, 2017 in Administrative Law, Environmental Law, MJEAL Staff Posts, The MJEAL Blog | 0 comments

By Joe Moeller* In May of 2016, the Environmental Protection Agency issued the final rules in a series of three Clean Air Act regulations.[1] The rules’ purpose was to increase monitoring of methane and prevent leakage into the atmosphere. The methane rules are also a useful, though flawed, example of the “experimentation” principle of federalism. […]

Hydrofluorocarbon Reduction: A Climate Success Story

Posted by on Friday, April 14th, 2017 in Environmental Law, The MJEAL Blog | 0 comments

By David Imhoff* Note: As of the time of writing, it is not clear what effect the incoming administration will have on climate policy and the phase-out of hydrofluorocarbons in the United States.  In the late 1800s, mechanical refrigeration was beginning to revolutionize food processing and transportation.  [1] These early refrigerators generally used ammonia, sulfur […]

Funding Adaptation: Financing Resiliency Through Sea Level Derivatives

Posted by on Wednesday, April 12th, 2017 in Environmental Law, Environmental Law Review Syndicate | 0 comments

By Sevren Gourley* Coastal municipalities are struggling to address the uncertain future risks created by sea level rise. Conventional models of ex ante protection and ex post relief are both too costly and often insufficient to mitigate the impacts of climate change. Sea level derivative instruments provide an alternative model for financing adaptation projects that […]

ENDANGERED SPECIES ACT TO THE RESCUE? CLIMATE CHANGE MITIGATION AND ADAPTATION UNDER THE ESA

Posted by on Wednesday, April 12th, 2017 in Administrative Law, Environmental Law, Environmental Law Review Syndicate, The MJEAL Blog | 0 comments

By Olivia Bensinger* As we move further into the era of climate change, we often find ourselves looking in unlikely places for tools with which to combat global warming. The Endangered Species Act[1] (“ESA”) was enacted in 1973 for the singular purpose of protecting endangered and threatened species of animals and plants. The ESA has […]

International Aviation and Climate Change

Posted by on Tuesday, April 11th, 2017 in Administrative Law, Environmental Law, MJEAL Staff Posts, The MJEAL Blog | 0 comments

I. Introduction International aviation presents a serious issue when it comes to climate change. Two percent of global carbon dioxide (CO2) emissions can be attributed to international flights, and the amount of CO2 emissions from these flights is growing rapidly.[1] From 1990-2010 CO2 emissions from the international aviation industry increased 40%; if the aviation sector […]

Cap or Indicator? Is the Texas Education Agency Helping or Hurting our Special Education Population?

Posted by on Tuesday, April 11th, 2017 in Administrative Law, The MJEAL Blog | 0 comments

By Irma Cruz* The Individuals with Disabilities Education Act (IDEA), originally called the Education for All Handicapped Children Act of 1975, is the federal law governing special education. Congress enacted IDEA because millions of students with disabilities were being denied proper educational services.[i] IDEA’s mission is to provide all students who have disabilities with an “appropriate […]

Medicare Access and CHIP Reauthorization Act

Posted by on Monday, April 3rd, 2017 in Administrative Law, MJEAL Staff Posts, The MJEAL Blog | 0 comments

By Megan Stamm* Overview On October 14, 2016, the Center for Medicare and Medicaid Services released the final version of the Medicare Access and CHIP Reauthorization Act (MACRA).[1] The new version implemented changes that addressed issues physicians had concerning Medicare.[2] These regulations will encourage physicians to accept more patients using Medicare by issuing incentive plans. […]