Author: mjeal-online

Climate Change Infrastructure: People, Property, and Takings Ellison Hersch As municipalities implement infrastructure projects to mitigate and adapt to the effects of climate change they are expected to thread the needle between protecting the public good and protecting residents’ property and interests. Communities may need to sacrifice some private property to become more resilient in… Continue reading Hersch – Spring 2023

Howling at the Government: The Fight to Get Wolves Back on the Endangered Species List Taylor Hopkins Introduction In Ojibwe, an Indigenous language spoken by the Anishinaabe people, the word for “wolf” is Ma’iingan.[1] When describing the significance of the wolf in Anishinaabe culture, Marvin Defoe, a member of the Red Cliff Tribe, said: “the… Continue reading Hopkins – Spring 2022

Eminent Domain and Ethanol: Farmland Seizures and Carbon Sequestration in Iowa Ian Klopfenstein According to the U.S. Geological Survey (USGS), carbon sequestration is the process of capturing and storing atmospheric CO2.[i] This process occurs through natural processes like photosynthesis and biomass carbon banking, as well as through human-facilitated carbon capture and storage (CCS) operations.[ii] Artificial… Continue reading Klopfenstein – Spring 2022

It’s Time for a Carbon Tax Andrew Zhang Most Americans are worried about global warming.[1] Unfortunately, our actions do not reflect that worry. In 2019, 6,558 metric tons of carbon dioxide equivalents (the total global warming potential of all greenhouse gases adjusted to the potential of carbon dioxide) were emitted into the atmosphere from the… Continue reading Zhang – Spring 2022

Microplastics: Narrow Statutory Language and Broad Scientific Problems Allison Goldman The term microplastics came into existence in 2004, when a research team from the University of Plymouth published their discovery and analysis of microscopic synthetic polymers in beach sediment and used the term microplastics to refer to the plastic particles they found.[1] The term has… Continue reading Goldman – Spring 2022

States Challenge the Constitutionality of the American Rescue Plan Edward Plaut The American Rescue Plan Act (ARPA) is a major legislative accomplishment of the Biden Administration. The $1.9 trillion bill provides an array of policies responding to the coronavirus pandemic and subsequent economic downturn, including carve outs for stimulus checks, funding vaccination distribution, and child… Continue reading Plaut – Spring 2022

Agency Delegation to External Parties: An Unexplored Challenge Benjamin Lehman The Supreme Court recently declined to grant cert in Texas v. Commissioner of Internal Revenue, a case from the 5th Circuit. However, three justices said the decision was driven by threshold issues of mootness and statutes of limitations, but they would grant review on the… Continue reading Lehman – Spring 2022

Walmart’s Liabilities Under the HWCL: A California Case Study Rita Elfarissi In December 2021, the California Attorney General along with approximately a dozen district attorneys filed a lawsuit against Walmart.[1]  The complaint alleges Walmart dumped nearly 80 tons of hazardous waste from more than 300 stores in California landfills throughout the state every year over… Continue reading Elfarissi – Spring 2022

EV Tax Credits and the Shift Towards Electrification Kate Meulemans As Americans begin to the shift toward cleaner energy, the demand for electric vehicles has skyrocketed, but not without a similar spike in the political attitude surrounding electric cars. Switching from gas to electric cars is no longer just a fad among progressive elites and… Continue reading Meulemans – Spring 2022

Climate Torts Against Big Agriculture Shanthi Chackalackal Over the past two decades, the way society has discussed what was once referred to as “global warming” has evolved dramatically, becoming “climate change,” “the climate crisis,” and most recently, “the climate emergency.” This new sense of urgency reflects more than just rhetorical flourish; underlying it are the… Continue reading Chackalackal – Spring 2022