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Natural Resources

NEPA’s Trajectory: Our Waning Environmental Charter From Nixon to Trump?

Heralded in 1970 as the nation’s environmental Magna Carta, the National Environmental Policy Act’s (NEPA’s) luster seems faded and its future uncertain. While Trump Administration initiatives threaten to diminish further and perhaps...

Navigating NEPA 50 Years Later: The Future Of NEPA

The National Environmental Policy Act (NEPA) plays a crucial role in the authorization and approval of more development projects than any other federal law. Proponents believe NEPA protects communities and the environment from...

The Trump Card: Tarnishing Planning, Democracy, and the Environment

One of the most important and transformative mechanisms the U.S. Congress has ever created to protect the environment is under assault from the Donald Trump Administration. The National Environmental Policy Act (NEPA) ushered in the...

NEPA's Promise: A Future in Which We All Thrive

NEPA is not about my agenda or your agenda. It is about solutions that work for all of us. This Comment offers a litmus test. The first section explains the promise NEPA makes to each of us, describing the integration, information...

Expertise and Discretion: New Jersey's Approach to Natural Resource Damages

With a Department of Environmental Protection that predates the U.S. Environmental Protection Agency, New Jersey has always been at the forefront of combating pollution, becoming only the third state to consolidate all environmental...

Strategizing Against the Flame: What’s Next for California’s Wildfires?

The 2018 wildfire season was the deadliest and most destructive on record in California, destroying thousands of structures. Gov. Gavin Newsom created a strike force to develop a comprehensive strategy to address the destabilizing...

Proposed Revisions to Improve and Modernize CEQ’s NEPA Regulations

When the president’s Council on Environmental Quality (CEQ) produced its Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (CEQ NEPA Regulations) in 1978, those regulations were sufficiently...

Environmental Gatekeepers: Natural Resource Trustee Assessments and Frivolous Daubert Challenges

Environmental disasters wreak havoc on ecosystems and public trust resources. The environmental statutory regime in place today aims to remedy these disasters and restore the public trust as efficiently as possible. In order to do so,...

Determining Climate Responsibility: Government Liability for Hurricane Katrina?

In St. Bernard Parish Government v. United States, Louisiana property owners argued that the U.S. government was liable under takings law for flood damage to their properties caused by Hurricane Katrina and other hurricanes....

Solid Ground: Using Mitigation to Achieve Greater Predictability, Faster Project Approval, and Better Conservation Outcomes

Mitigation—shorthand for avoiding impacts to important species and habitat, minimizing impacts, and then providing offsets for the remaining, residual impacts—is a valuable tool for developers and federal agencies to comply with the...

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