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 […]

States and Rates: Federal Preemption in the Interstate Energy Marketplace

Posted by on Monday, March 13th, 2017 in MJEAL Staff Posts, The MJEAL Blog | 0 comments

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, […]

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

Posted by on Monday, March 13th, 2017 in Environmental Law, MJEAL Staff Posts, The MJEAL Blog | 0 comments

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 […]

Iowa Farmers Oppose Eminent Domain for Dakota Access Pipeline

Posted by on Friday, March 3rd, 2017 in Environmental Law, MJEAL Staff Posts, The MJEAL Blog | 0 comments

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 […]

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

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

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 […]

Enough Horsing Around

Posted by on Friday, March 3rd, 2017 in Administrative Law, Environmental Law, Environmental Law Review Syndicate, The MJEAL Blog | 0 comments

  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 […]

Climate Justice in EPA’s 2020 EJ Action Plan

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

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 […]

Diversion: Clean Water for the City of Waukesha and Legal Precedent for the Great Lakes Compact

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

The Great Lakes-St. Lawrence River Basin Water Resources Compact (known informally as the Great Lakes Compact, “Compact”) is an interstate regulatory contract between Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin, which governs all withdrawals and diversions of water out of the Great Lakes drainage basin.[1] The Compact was passed by the legislatures […]

As Regulatory Uncertainty Looms, a Case for an SEC-CFTC Merger

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

The fire beneath legislators after the financial crisis of 2008 has ostensibly died out. After passing the landmark Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), Congress seemingly exhausted most of the political will for increased regulation of the United States financial system. With the election of President Donald Trump, the very existence of […]

Pipeline Poses Risks to Michigan Indian Treaty Rights

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

In September of 2016 the Grand Traverse Band of Ottawa and Chippewa Indians (“GTB”) tribe formally objected to a $171 million-dollar settlement between the Obama Administration and Enbridge Energy regarding Enbridge line 5, an oil pipeline that runs beneath the Straits of Mackinaw.[1] The settlement included $110 million upgrades to the aging pipeline, as well […]