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But Flooding is Different: Takings Liability for Flooding in the Era of Climate Change
With the increased risk of flooding due to climate change, potential liability from construction and maintenance of flood control measures is a major consideration governments must consider when planning and building them. This Article discusses how the Supreme Court’s decision in Arkansas Game & Fish Commission v. United States (AGF) laid the groundwork for a new form of takings that the authors term “negligent takings,” increasing the likelihood that the government will be liable after a flooding event.
Governing AI: The Importance of Environmentally Sustainable and Equitable Innovation
Artificial intelligence (AI) and complex machine learning algorithms have come to play a profound role in many of our day-to-day activities.
COVID-19 and Environmental Law
The COVID-19 pandemic will have far-reaching and even transformative implications for environmental law.
Bullock v. United States Bureau of Land Management
A district court invalidated three resource management plans that were approved by BLM's acting director because he was not authorized to approve them. The governor of Montana and the state Department of Natural Resources and Conservation argued that the plans should be set aside because the court h...
California v. U.S. Environmental Protection Agency
The Ninth Circuit overturned a ruling denying EPA's motion to modify an injunction requiring it to promulgate a federal landfill emissions plan by November 6, 2019. The appellate court held that the district court abused its discretion in denying the Agency's request for relief because EPA promulgat...