Category: Uncategorized

Collaboration and Competition: Antitrust Law Through an Environmental Lens Dana Chen             Coordination among firms is traditionally viewed as a violation of antitrust laws, but it can also have benefits for furthering social welfare goals, such as addressing climate change. For example in 2017, a group of over 600 investors launched Climate Action 100+, an… Continue reading Chen – Winter 2025

NOT Blowin’ in the Wind[1] Ben Korn Just under 30 miles off the coast of Virginia Beach, Virginia, the wind is blowing.[2] The consistent gusts have attracted the attention of the state’s public energy utility, Dominion Energy, as it builds the largest offshore wind farm in the mid-Atlantic region, comprising 176 turbines.[3] Once completed, the… Continue reading Korn – Winter 2025

Wading Into Wetlands: How Sackett v. EPA Unleashed the Threat of Increasing Flood Risk Through Wetland Development Andrew Capps             The Supreme Court’s decision in Sackett v. Environmental Protection Agency[1] is the most recent development in the Court’s forty years of judicial wrangling of the meaning of “waters of the United States” in the Clean… Continue reading Capps- Winter 2025

The Decline of the Administrative State and its Potential Effects on Tribal Sovereignty Manuel Lewis* I. Abstract The federal government of the United States, including federal agencies, owes a trust responsibility to Tribes. The contemporary federal administrative state has given greater authority over agency decisions to the federal judiciary while simultaneously reducing government funding for… Continue reading Lewis-Winter 2025

Don’t Fear the Federal Shake-Up, States Can Still Enforce Regulations Curtis Segarra As new federal administrators take the reins over the Environmental Protection Agency (EPA), switching up leadership over top oil-producing states like Texas and New Mexico, it’s not clear how federal policing over emissions may change in the near future.[1] For example, Scott Mason… Continue reading C. Segarra – Winter 2025

Marin Audubon Society and its Potential Impact on the Future of NEPA Benjamin Foster                     In November 2024, the U.S. Court of Appeals for the D.C. Circuit decided Marin Audubon Society v. Federal Aviation Administration. The Court went beyond the scope of the arguments made to hold that the White House Council on Environmental… Continue reading B. Foster- Winter 2025

Renewed Energy Politics: An Analysis of Renewable Portfolio Standards in Swing States Matthew Magill During the 2024 United States presidential election, energy policy took on renewed importance as a key issue for voters. The September 10, 2024 presidential debate included an extended exchange over the candidates’ respective positions on energy development in the battleground state… Continue reading Magill-Fall 2024

Cascade-Siskiyou National Monument & Judicial, Congressional, and Local Opposition to Modern Executive Action under the Antiquities Act Heather Foster On January 12, 2017, President Obama issued an executive order redesignating nearly 47,000 acres of forestland in Oregon and California as part of an expansion to the Cascade-Siskiyou National Monument.[1] This redesignation halted all timber-harvesting activity… Continue reading Foster – Winter 2024

You’ve Got You Major Questions Mixed Up with My Traditional Judicial Decisionmaking! Or How the Court Learned to Prevent Loan Forgiveness and Further Handcuff the Administrative State Liam Pembroke When the Supreme Court held that the Secretary of Education did not have congressionally delegated authority to forgive individuals up to $20,000 of student debt from… Continue reading L. Pembroke – Fall 2023

Can the FTC Help Lower Rents? Brian Hill INTRODUCTION In recent years, with every credit card tap or “buy now click,” rising prices have beleaguered consumers’ bank accounts during a time of high inflation[1] and low consumer satisfaction[2].  In the past year alone, high rents,[3] expensive airfare,[4] and costly trips to the grocery store[5] have… Continue reading Hill – Fall 2023