Category: Blog Archives

Cartographic Deference Lucinda Widdison Maps play a critical role in the law—in delineating boundaries[1], in establishing power[2], and even as a metaphor for the law itself.[3] Since the 1970s, the rise of Geographic Information Systems (GIS)—which store and present geospatial data—agencies like the EPA and FEMA have used geographic models to produce policies for issues… Continue reading Widdison – Spring 2026

Montana v. Held: Do Green Amendments Truly Promise Environmental Protection? Eliza Kreske Introduction As federal climate action has remained inconsistent and politically volatile, advocates have increasingly turned to state constitutions as another avenue for environmental protection. The following analysis examines the scope and limitations of the Held v. State ruling from the Montana Supreme Court… Continue reading Kreske – Spring 2026

Logged In, Left Behind: Why FERPA Cannot Keep Up with AI in the Classroom Abigail Clarke In Austin, Texas, some fourth graders no longer have teachers. Instead, they log onto an AI-driven platform called 2 Hour Learning, which guides them through personalized lessons in mathematics and reading and records every click, every wrong answer, and… Continue reading Clarke – Spring 2026

Leveraging Hot Rocks for a Cooler Planet: Reducing Administrative Barriers to Geothermal Energy Production Martin Koch The power of the Earth’s internal heat reserves is strikingly apparent to anyone who has visited a mesmerizing volcanic lava flow in Hawaii, felt the thunderous eruption of a geyser at Yellowstone National Park, or listened to Bjork’s 2015… Continue reading Koch – Spring 2026

Locked Out of Public Land: The Legal Puzzle of Corner Crossing Julia Gavilondo Litigation over corner crossing, moving between adjoining parcels of public land at a shared corner without actually touching private property, has surfaced a long-brewing access crisis on federally managed lands. What may appear at first glance to be a minor trespass dispute… Continue reading Gavilondo – Spring 2026

PFAS Regulation Under the Second Trump Administration: Is PFAS Political? Gabi Mosey The second Trump Administration has created new policies regarding polyfluoroalkyl substances, or substances more commonly known as “PFAS.” The Administration’s new environmental policies have been varied, but as many expected, most have prioritized economic and private land ownership interests.[1] Many questions arose as… Continue reading Mosey – Spring 2026

When ‘Strict’ Isn’t Enough: Michigan’s Mining Laws and the Copperwood Controversy Ally O’Neill Nestled along the shores of Lake Superior in the Western Upper Peninsula of Michigan is Porcupine Mountains Wilderness State Park. The park includes one of the largest remaining tracts of old growth forest in Michigan, with trees spanning between 360-410 years old,… Continue reading O’Neill – Spring 2026

A Tale of Two Penalties: Impact of SEC v. Jarkesy on IRS Penalty Litigation Minnalou Boadu-Bennett Securities and Exchange Commission v. Jarkesy expanded the scope of monetary penalties that may require Article III adjudication.[1] There, the Supreme Court held that the civil fraud penalties at issue were legal remedies of the kind tried at common… Continue reading Boadu-Bennett – Spring 2026

The EPA’s Unfolding Endangerment Finding Rescission Litigation Coleman Hopkins In the second year of President Trump’s second term, the Environmental Protection Agency (EPA) has again undertaken sweeping deregulatory actions,[1] many of which have already prompted judicial review.[2] One action in particular—the rescission of the EPA’s 2009 greenhouse gas Endangerment Finding—may prove especially consequential.[3] Promulgated through… Continue reading Hopkins – Spring 2026

How Evolving Investment Law is Contributing to Climate Change Aila Herenda As governments increasingly adopt aggressive climate policies to accelerate the energy transition, international investment law has emerged as a potential constraint on regulatory action. The standards used by arbitral tribunals to determine unlawful expropriation under bilateral investment treaties may, and indeed has, discouraged states… Continue reading Herenda – Spring 2026