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Thompson v. Keliher
A district court granted the Maine Department of Marine Resources' motion to dismiss a challenge to its rule that compels federally licensed lobstermen to install a tracking device on their fishing vessels. The lobstermen challenged the rule under the Maine Administrative Procedure Act (MAPA) and on...
National Family Farm Coalition v. Vilsack
A district court granted in part nonprofit and public interest groups' motion for summary judgment in a challenge to the Animal and Plant Health Inspection Service's (APHIS') 2020 rule concerning regulation of genetically engineered (GE) organisms. The groups argued the rule effectively abandoned fe...
Protecting the Right to Environment: The Roles of Judicial Commissions and Special Masters
This Article addresses the pressing need for six “green states”—New York, Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania—to adopt quasi-judicial mechanisms for enforcement of their constitutional right to environment. It analyzes the challenges and limitations of traditional litigation in enforcing this right, and compares the special master system in the United States with environmental judicial commissions in Pakistan.
Implementation of Tribal Consultation Laws in California
State and local environmental agencies regularly make decisions that have repercussions for tribes, including for their health and ability to maintain and continue to evolve traditional practices, language, and cultural identity. Meaningful consultation has become central to tribal sovereignty as tribes advocate for legislation that requires consultation on decisions impacting their lands, economy, and culture.