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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...

It Only Hurts When I Use It: The Payne Test and Pennsylvania’s Environmental Rights Amendment

Article I, §27 of the Pennsylvania Constitution creates public rights in natural resources, and tasks the Commonwealth government with conserving and maintaining them for the benefit of all. The section’s expansive language was...

Who Owns the Texas Sky? An Analysis of Wind Rights in Texas

Texas has again become the national leader in an emerging area of energy production. As it did with oil in the 1940s, Texas in 2006 surpassed California and became the nation’s leading producer of wind power, with an installed...

The Maryland Environmental Policy Act: Resurrecting a Tool for Environmental Protection

Maryland’s version of the National Environmental Policy Act has lain essentially dormant because its environmental assessment requirements only apply to actions required or requested by the legislature. While it is unclear whether the...

"Touby" or Not "Touby": The Constitutional Question When Congress Authorizes State and Local Governments to Legislate the Contours of Federal Criminal Law

Congress allows state and local governments to legislate federal criminal law. Violating some local ordinances, for example, constitutes a federal felony under the CWA. The U.S. Supreme Court has not yet decided how to review this type...

Recommendations for Complying With Ballona Wetlands’ Definitive Rejection of “Converse-CEQA” Analysis

On March 21, 2012, the California Supreme Court denied the petition for review and requests for depublication of the Second District Court of Appeal’s opinion in Ballona Wetlands Land Trust et al. v. City of Los Angeles. ...

Unpave a Parking Lot and Put Up a Paradise: Using Green Infrastructure and Ecosystem Services to Achieve Cost-Effective Compliance

Philadelphia has agreed to implement a long-term plan to employ ecosystem services provided by green stormwater control infrastructure to reduce combined sewer overflows and achieve compliance with the CWA. The $2.5 billion Green City,...

California and the U.S. Department of Energy Take Action to Smooth the Way for Renewable Projects.

Policymakers at both state and federal levels are likely to continue their efforts to promote renewable energy development in ways both large and small. However, as with
the current set of legislative and regulatory changes, how...

Getting to “Yes”: A Proposal for a Statutory Approach to Compulsory Pooling in Pennsylvania

The natural gas reserves in the Marcellus Shale gas play offer profound economic potential as new technologies make its extraction economically viable. However, Pennsylvania’s current oil and gas conservation laws lack a comprehensive...

Consistency Conflicts and Federalism Choice: Marine Spatial Planning Beyond the States' Territorial Seas

Offshore areas are under pressure to industrialize for renewable energy. To plan for offshore wind development, Rhode Island engaged in a marine spatial planning process that resulted in the Ocean Special Area Management Plan (O-SAMP),...

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