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Response to <em>The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, and the States</em> by Sara Bronin

The focus of much dialogue and debate in the public eye over climate change and greenhouse gas emissions (GHGs) tends to focus on industrial emissions of pollution for manufacturing or the production of electricity. Emissions from transportation sources (like trains, planes, and automobiles) and from the heating, cooling, and lighting of buildings themselves are less readily visible, yet each constitutes roughly a third of America's total greenhouse gas emissions.

U.S. Supreme Court Review of <i>Rapanos v. United States</i> and <i>Carabell v. United States Army Corps of Engineers</i>: Implications for Wetlands and Interstate Commerce

Editor's Summary: The exact contours of wetlands jurisdiction has been in dispute ever since the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers. Today, the Court has been given the chance to clarify this area of law as it faces two cases dealing with wetlands jurisdiction. In Rapanos v. United States, the Court must decide whether CWA jurisdiction extends to a series of wetlands that do not abut a navigable-in-fact water. And in Carabell v. U.S.

Last Lake Standing: Clean Water Act Jurisdiction in the Alaskan Frontier After <i>Rapanos v. United States</i>

Editors' Summary: Environmental professionals continue to consider the implications of the 2006 U.S. Supreme Court landmark decision regarding CWA jurisdiction, Rapanos v. United States. In this Article, Matthew A. Axtell uses Justice William O. Douglas'travel description of Alaska's Last Lake as a hypothetical to test the potential impact of the 2001 SWANCC decision as well as Rapanos on the federal government's CWA authority in Alaska. He begins by analyzing the CWA regulatory regime that applied for many years to Alaskan tundra wetlands before SWANCC and Rapanos.

Confessions of an Environmental Enforcer

It has become manifest that the manner in which the U.S. Environmental Protection Agency (EPA) imposes, implements, and enforces environmental requirements is in serious need of reform. This was recently and eloquently expressed by former EPA Administrator William Ruckelshaus in his speech at the Environmental Law Institute's 1995 Annual Dinner. Expressions of the need for change have come from many points on the political spectrum, including the White House and the Congress. Unfortunately, practical measures to accomplish reform must overcome formidable obstacles.

Hill v. Boy

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act by failing to consider adequately the environmental impact of a petroleum pipeline that crosses under a proposed reservoir before issuing a Federal Water Pollution Control Act §404 permit. In issuin...

Arrest the Incinerator Remediation, Inc. v. OHM Remediation Servs. Corp.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts a citizens group's private state-law nuisance action against a contractor hired by the U.S. Environmental Protection Agency (EPA) to remediate a Superfund site. The court first holds that...

Maricopa-Stanfield Irrigation & Drainage Dist. v. United States

The court holds that the federal government's reallocation of excess water to a Native American tribe did not constitute a taking of irrigation districts' water rights. A 1984 federal statute directed a permanent annual supply of water to a Native American tribe and apportioned the excess water to a...

S.W. Shattuck Chem. Co. v. Denver, City & County of

The court holds that a company satisfied the requirements for the issuance of a preliminary injunction against a city seeking to enforce two zoning ordinances that impose disposal fees for the storage of radioactive material. The court first holds that the abstention doctrine does not apply. To the ...

North Shore Gas Co. v. Salomon, Inc.

The court holds that the equitable doctrine of successor liability applies under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In 1941, a coke company sold its interest in a mineral processing company to a utility company and transferred the majority of its rema...