Regulating Biological Contamination at the Final Frontier
A robust and growing commercial space sector is moving ahead at warp speed. While the industry today primarily offers satellite and launch services, tomorrow will bring manufacturing, research and development, resource extraction, and space tourism. What do these developments mean for the earth’s biosphere, as well as for the environments of other celestial bodies finally within humanity’s reach? This is the role of planetary protection, the principle of safeguarding both terrestrial and extraterrestrial environments from humanity’s propensity for introducing pollution into any habitat.
Energy Michigan, Inc. v. Scripps
A district court dismissed a challenge to the Michigan Public Service Commission's 2017 and 2018 orders requiring electricity suppliers to buy energy from local sources. Industry groups argued the local clearing requirement violated the dormant Commerce Clause. The court concluded the requirement di...
The Oak Ridge Cleanup: Protecting the Public or the Polluter?
The Oak Ridge Reservation is one of the largest U.S. Department of Energy (DOE) facilities in the country, with areas that are highly contaminated by chemicals, metals, and radionuclides. DOE is in the middle of a multi-decade, multi-billion-dollar cleanup there, and a recent Superfund decision for one portion of the site raises a number of significant legal issues. This Article addresses some related questions: Should radionuclides get less stringent cleanup than other equally harmful pollutants like mercury and polychlorinated biphenyls?
Foresight Coal Sales, LLC v. Chandler
The Sixth Circuit reversed a district court's denial of a preliminary injunction in a lawsuit concerning a Kentucky law that offsets the state's severance tax on coal. A coal producer from Illinois, where there is no severance tax, argued the law discriminated against out-of-state coal in violation ...
Waste and Chemical Management in a 4°C World
Many chemicals and hazardous substances are kept in places that can withstand ordinary rain, but not severe storms or floods. If these events occur and the chemicals are released, people and the environment may be endangered. This Article discusses the hazards posed to chemical and waste disposal facilities by extreme weather events that would be worsened as a result of climate change, and how U.S. laws do (or do not) deal with these hazards; and considers how the law would need to change to cope with what would happen to these facilities in a potentially 4°C world.