Archive for Politics & Policies

Homeland Security versus Environmental Conservation: Searching for Balance along the Arizona-Mexico Border

Brendan Lenihan* View PDF Introduction In Southern Arizona, national security and environmental conservation are inextricably intertwined. The Arizona borderlands are home to thousands of acres of federally protected lands and fragile ecosystems. There are also more flora and fauna listed under the Endangered Species Act within these lands than any other region of the continental […]

The Perilous Hunt for APEC Blue: The Difficulties of Implementing Effective Environmental Regulations in China

Andrew Shepherd* VIEW PDF During the 2014 Asia Pacific Economic Conference (APEC) meeting, Beijing’s notorious pollution had settled and the city was gifted with uncharacteristically clear, blue skies.[1]  So blue were the skies that the people of Beijing now use the term “APEC blue” to describe any abnormally pristine day.[2]  However, these clear skies were […]

LOST Opportunity: Why Ratifying the Law of the Sea Treaty Still Has Merit

Nadia H. Dahab and Spencer G. Scharff* View PDF Abstract: The United States remains one of only a handful of nations that have declined to ratify the United Nations Convention on the Law of the Sea (the “UNCLOS”).  Although it has been thirty-four years since the UNCLOS was finalized, and twenty-two years since it took […]

Federalist Society Panel
Environmental Law: The Role of Congress in Environmental Law

[1] View PDF Moderator:  Hon. Steven M. Colloton[2] Speakers: Prof. David Schoenbrod[3] Prof. Eric R. Claeys[4] Matt Leggett[5] Prof. Nicholas A. Robinson[6] JUDGE STEVEN M. COLLOTON:  Thank you for joining us for this morning’s panel.  I’ve been asked to moderate.  I’m Steve Colloton, Judge of the U.S. Court of Appeals for the Eighth Circuit, with […]

“Raisins Are Not Oysters”: Horne and the Improper Synthesis of the Public and Wildlife Trusts

Autumn T. Breeden[1] View PDF Abstract Public trust and wildlife trust doctrines have historically been viewed as two separate property doctrines. The synthesis of the two would have serious repercussions for private property owners and endangered wildlife species. A misguided reading of the recent Horne decision from the United States Supreme Court threatens to do […]

Design of an International Trade Law Compliant Carbon Border Tax Adjustment

Ross Astoria*, JD/PhD  View PDF           Many scholars have analyzed whether a border tax adjustment (BTA) on carbon would comply with the General Agreement on Tariffs and Trade (GATT). None, however, have presented the details of such a BTA. This paper consolidates the treaty arguments upon the design features of a border tax adjustment which […]

Climate Change Displacement and Forced Migration: An International Crisis

 Julia Toscano* View PDF In late summer and early fall of 2015, news of the plight of thousands of mid-Eastern refugees fleeing to Europe filled the mainstream media.  The world watched in horror as these media outlets made daily reports on the suffering of migrants, from stories of people suffocating in the back of smugglers’ […]

The National Ambient Air Quality Standards for Ozone

Arnold W. Reitze, Jr* View PDF Version For the past 45 years, the EPA has set uniform national ambient air quality standards for common pollutants pursuant to the mandate of the Clean Air Act. The pollutant that has been the most difficult to control is ozone. Much of the nation’s population lives in areas that […]

The Whole Home Approach: Spurring Home Energy Efficiency Through A Renewable And Transferable Property Tax Incentive

  Erik Smith* View PDF Version A green, energy efficient residence is ideal for many current and future homebuyers, as homeowners have become increasingly aware of their current environmental footprint[1] and the potential financial savings associated with an energy efficient home.  Unfortunately, a green home can also be an expensive home.  Alternative energy sources, along […]