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Control of Geological Carbon Sequestration in the Western United States

In the near future, the use of coal may be legally restricted due to concerns over the effects of its combustion on atmospheric carbon dioxide concentrations. Carbon capture and geologic sequestration offer one method to reduce...

A Critique of the Student Note Entitled: "The Battle to Save the Verde: How Arizona's Water Law Could Destroy One of Its Last Free-Flowing Rivers"

Editors' Summary

Effective management of scarce water resources is one of the most critical issues facing western states like Arizona. Extensive regulations designed to address groundwater overdraft in parts of the state strike a...

Regulating Greenhouse Gases at the State Level: California's Self-Inflicted Burden

As lawmakers debate the best way to confront the issue of global warming, it is becoming clearer that the issue may be one of this generation's most important policy decisions. Despite increasing public awareness of the perceived...

MEPA at 36: Perspectives on Minnesota's Little NEPA

I. Background and Context

Two Minnesota statutes, both adopted in the early 1970s, were intended to establish bedrock protections for Minnesota's environment. The first is the Minnesota Environmental Policy Act (MEPA) of 1973,...

Making Regulatory Takings Reform Work: The Lessons of Oregon's Measure 37

Editors' Summary

Oregon's Measure 37 was an audacious attempt to create an expansive regulatory takings regime. Contrary to the hopes of its supporters and the fears of its opponents, however, it ultimately failed to provide any...

Legislative Skullduggery: More Laws to Enforce, Fewer Resources to Do It

There has, indeed, been a marked evolution in the investigation and prosecution of environmental crimes in New Jersey and around the United States since the inception 30 years ago of environmental law as we know it today. Just as...

Virginia's Stance on Third-Party Challenges to Local Land Use Decisions

Not long ago, many members of Virginia's land use bar operated under the assumption that Virginia's Declaratory Judgment Act was the proper vehicle for challenging local land use decisions. The Virginia Declaratory Judgment Act provides...

Nothing in My Back Yard? The Case Against Expanding Third-Party Rights to Challenge Local Land Use Decisions in Virgina

In April of 2008, the Virginia Supreme Court handed down its ruling in Logan v. City Council of the City of Roanoke. In its unanimous decision, the court resolved an issue that was frequently contested in cases involving citizen...

Florida's Energy Policy: A Model for the Nation

As our nation transitions into the Barack Obama Administration, we have the unique opportunity to work together to reduce our dependence on foreign oil and help protect our nation from the harmful impacts of climate change. We must...

A Ringmaster for the Circus: Using Interstate Compacts to Create a Comprehensive Program to Restore the Chesapeake Bay

Editor's Summary: Efforts to protect and restore the Chesapeake Bay began as early as the 1970s, but the agencies and organizations working on the issue lack direction, coordination, and cohesion. As a result, progress toward protecting...