Jack Frischen examines how climate change escalation could strain existing U.S. environmental law and emergency powers, raising the risk of expanded federal control if meaningful reform is delayed. He argues that strengthening environmental regulation is essential to safeguard democratic governance and prevent crisis-driven overreach.
Stella Brocker explores how the repeal of the endangerment finding may open the door to public nuisance claims against power companies. This action was previously barred by the 2011 Supreme Court decision in American Electric Power Co. v. Connecticut, which held that the EPA’s Endangerment Finding formed part of a congressional statutory scheme that displaced federal public nuisance claims. She argues that in the absence of this statutory scheme, these claims should now be able to proceed in federal court, allowing injured parties an opportunity to seek relief from those who are largely responsible for the emissions contributing to climate change.
Josh Smith explores the growing tension between presidential self-promotion and the law governing America’s public lands. Using the Trump Administration’s placement of presidential imagery on national park passes as a case study, this Article analyzes whether politicizing public lands exceeds statutory authority and erodes the constitutional norm of politically neutral governance.
Brookelynn Stone discusses the current PFAS regulatory landscape and the harmful effects these forever chemicals have on communities throughout the United States. She contends that the current EPA’s actions regarding delaying compliance timelines and weakening reporting requirements for importers and manufacturers undermines public health. She discusses the need for a more coordinated and stable approach to address PFAS as the current patchwork of state level regulations and a fragmented federal approach is insufficient to address issues concerning public health.
In this article, Brookelynn Stone examines the reauthorization of the Radiation Exposure Compensation Act. She explores the history of nuclear testing, early attempts to hold the government accountable, and argues that the Act’s sunset dates undermine its ability to provide meaningful redress to affected individuals.
In this article, Elias Aidun examines the Supreme Court’s recent decision in City and County of San Francisco v. EPA and its impact on the Clean Water Act, exploring what this ruling means for the future of water regulation in the U.S.
Across two Parts, Liam McMillin asks how our interaction with and understanding of nature and the natural world informs our basic legal understanding of nature. Using the Constitution as our guide, McMillin examines the difference between granting “rights” to nature, and limiting our own uses, and the internal and external consequences of both.
Caroline Hardig discusses the East Palestine train derailment. She explains what happened, lawsuits filed following the derailment, and how East Palestine residents have been affected.
This article by Thomas Kemmet explains Ohio’s recent energy utility legislation in Senate Bill 52 and House Bill 201 and discusses the legislation's impact on Ohio’s ability to combat climate change, and more specifically, Ohio’s ability to adopt Clean Energy Resources.
Associate Member Chris Colloton explores the growing demand for environmentally friendly clothing and what legal steps retailers must consider before labeling their products as “sustainable.”
