To the extent the city argues that, as a matter of law, its landuse decisions are immune from judicial scrutiny under all circumstances, its position is contrary to settled regulatory takings…

In Environmental Federalism Part 1: The History of Overfiling Under RCRA, the CWA, and the CAA Prior to Harmon, Smithfield, and CLEAN, the history of judicial and administrative…

The Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), and the Clean Air Act (CAA) represent federal regulatory regimes for protecting the environment. Although each statute…

As law students frequently discover during exams, the law of standing is easy to state but hard to apply. The basic rules are simple and well-settled. Under Article III of the U.S. Constitution,…

A recent headline on the front page of the Wall Street Journal hailed the opening of the nation's first "butterfly bank." The "deposits" in this unusual bank are conservation credits…

In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., and provided important…

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc. may prove to be the most important environmental decision since Chevron, U.S.A., Inc. v. Natural Resources…

The U.S. Supreme Court's recent campaign to curtail congressional authority to legislate under the U.S. Commerce Clause has inevitably fostered speculation about the validity of parts of the Clean…

Editors' Summary: The Select Steel decision marked the first administrative Title VI complaint that EPA decided on the merits. The complaint challenged the state of Michigan's…

Editors' Summary: Defining the scope of parent corporation liability under CERCLA has been a source of disagreement between appellate courts for years. This Article examines this disagreement…