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Land Use

Developments in Standing for Public Lands and Natural Resources Litigation

This Article offers a framework for analysis of potential developments in the law of standing in cases involving public lands and natural resources. It is based on recent federal case law and academic literature addressing the law of...

Illegal Water Use, Marijuana, and California’s Environment.

The illicit and illegal use of water to grow marijuana is an environmental problem that has plagued the recently legalized crop for decades. Because growing marijuana has consistently been a more visible crime than theft and diversion...

Gunderson v. State: The Indiana Supreme Court Strengthens the Public Trust Doctrine’s Potential for Conservation in the Great Lakes

The Indiana Supreme Court recently delivered a landmark public trust decision, Gunderson v. State, ruling that the state acquired and still owns Indiana’s bed of Lake Michigan below the ordinary high water mark, including...

New Wine in Old Bottles: Distorting the Antiquities Act to Aggrandize Executive Power

President Donald Trump promised to undo much of the regulatory handiwork of his White House predecessors. On the heels of his inauguration, President Trump tasked Secretary of the Interior Ryan Zinke to review national monument...

Keeping the “Public” in Public Lands

The U.S. Department of the Interior (DOI) touches more lives in more ways than any other federal agency. Currently led by Secretary Ryan Zinke, the agency manages one-fifth of the land in the United States, including our national...

Antiquities Act: Legal Implications for Executive and Congressional Action

Secretary of the Interior Ryan Zinke's review of 27 national monuments has focused new attention on the Antiquities Act of 1906. Two recent proclamations by President Trump reducing existing Utah monuments, and the potential for further...

Deep Decarbonization of New Buildings

New buildings constructed today can be expected to remain in use well beyond 2050. As a result, thoughtful decisions now can have a significant impact on reducing the carbon footprint of buildings for decades to come. Buildings use...

Green Infrastructure for Chesapeake Stormwater Management in a Changing Climate

One of the greatest impacts of climate change on the Chesapeake Bay Watershed will be the need for stormwater management. With green infrastructure, the Chesapeake region is in position to take national leadership on the issue of...

Floodplain Buyouts: How Local Governments Can Maximize Community Benefits, Habitat Connectivity, and Resilience

Since 1993, FEMA’s Hazard Mitigation Grant Program has funded the acquisition of over 37,000 flood-damaged properties. On these purchased properties, existing structures must be removed and the land dedicated to open space, recreational...

Whither Public Participation in Federal Land Management? Replicating Homegrown Innovations in Shared Problem Solving

The Trump Administration’s initial approach to federal land policy raises some long-standing, fundamental questions about the role of public participation and intergovernmental coordination in federal land management. Whether...

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