MS4 Regulation and Water Quality Standards
I. Introduction Storm water is a major polluter. As one judge put it, “Storm water runoff is one of the most significant sources of water pollution in the nation, at times ‘comparable to, if not greater than, contamination from industrial and sewage sources.’”[1] Storm water “runoff …
Read MoreThe SB 32 Scoping Plan Update, Waivers, and ZEVs
I. Scoping Plan Background Two prominent pieces of Californian legislation that seek to address climate change are Assembly Bill 32 (“AB 32”) and Senate Bill 32 (“SB 32”). AB 32 required California to reduce its greenhouse gas (“GHG”) emissions to the 1990 level by 2020. It tasked the Air Resources …
Read MoreREPURPOSING ECOLABELS: CONSUMER PRESSURE AS A TOOL TO ABATE HUMAN RIGHTS VIOLATIONS IN INTERNATIONAL FISHERIES
Introduction In March of 2015, the Associated Press (AP) published AP Investigation: Slaves May Have Caught the Fish You Bought.[1] It was the first in a series of articles the AP would publish over the next eighteen months detailing the squalor and oppression faced daily by thousands of Southeast Asian …
Read MoreNAVIGATING WITH AN OCEAN LINER: THE CLEAN WATER RULE, TRUMP’S EXECUTIVE ORDER, AND THE FUTURE OF “WATERS OF THE UNITED STATES”
I. Introduction The scope of the Clean Water Act’s jurisdiction has been controversial throughout the statute’s history. Reconciling the extent of Congress’ Commerce Clause authority with the reality of vast hydrological connections across the United States has been an unenviable task delegated to the United States Environmental Protection Agency (EPA) …
Read MoreFunding Adaptation: Financing Resiliency Through Sea Level Derivatives
Coastal municipalities are struggling to address the uncertain future risks created by sea level rise. Conventional models of ex ante protection and ex post relief are both too costly and often insufficient to mitigate the impacts of climate change. Sea level derivative instruments provide an alternative model for financing adaptation …
Read MoreENDANGERED SPECIES ACT TO THE RESCUE? CLIMATE CHANGE MITIGATION AND ADAPTATION UNDER THE ESA
As we move further into the era of climate change, we often find ourselves looking in unlikely places for tools with which to combat global warming. The Endangered Species Act[1] (“ESA”) was enacted in 1973 for the singular purpose of protecting endangered and threatened species of animals and plants. The …
Read MoreClimate Change Regulation Through Litigation: New York’s Investigation of ExxonMobil under the Martin Act
In November 2015, New York Attorney General Eric Schneiderman began an investigation into whether ExxonMobil made public statements about climate change that conflicted with its own internal research.[1] Schneiderman issued a subpoena to ExxonMobil ordering production of documents related to its internal climate change research and the use of that …
Read MoreEnough Horsing Around
I. Introduction New York City is a city thought by many to be one of the most incredible, majestic, and beautiful cities in the world. Its prominence and prosperity has grown just like the skyline, continuously reaching new heights. Ironically, one of the most beautiful places in New York City, …
Read MoreThe Legislative History of the National Park Service’s Conservation and Nonimpairment Mandate
I. Introduction The National Park Service manages over 84 million acres of land divided between 413 different sites, and in 2015 alone, served 307.2 million visitors.[1] Their management goals are based on the 1916 National Park Service Organic Act (“the Act”). Section 1 of the Act defines the Park Service’s …
Read MoreOur Money is Safe, but the Planet Is Not: How the Carbon Bubble Will Cause Havoc for the Environment, but Not the Stock Market
I. Introduction Human use of fossil fuels dates back to prehistoric times.[1] Before the Industrial Revolution, humans mostly relied on wood, wind, and water as energy sources.[2] But as the Industrial Revolution progressed, humans developed a dependence on fossil fuels.[3] In addition, the advancements of the Industrial Revolution allowed for …
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