California’s Fight to Fill the Climate Change Gap Meets a Roadblock: Associated Irritated Residents v. CARB
Any sort of robust climate change legislation at the federal level has become a political non-starter for the time being. After a string of failed cap and trade bills, and the House’s recent decision to strip the EPA of any potential power to regulate CO2 emissions, the federal response is to be decided another day.[1] Some states have attempted to fill this legislative void, most notably, the state of California. In addition to California representative Lois Capp’s progressive bill aimed at mitigating Co2 emissions, the state has led...
read moreA Potential Supreme Court Case in the Making: How Safe of a Harbor is the EPA’s Silvicultural Rule?
Logging companies commonly build a series of culverts and ditches to divert storm water and sediments away from the dirt transport roads the companies use for log transport. These logging companies rarely obtain any sort of permit, even though the Clean Water Act (“CWA”) requires companies that artificially introduce pollutants into water ways to obtain a permit. CWA-regulated pollutants include a variety of substances, even natural sediments such as those found in storm runoff–these pollutants actually have very real effects...
read more“Ag-Gag” Laws Could Broaden Exemptions for Farms from Environmental Regulation
In March of this year, the governors of both Iowa and Utah signed into law statutes that criminalize various aspects of undercover investigations of farms. Both laws penalize obtaining employment on a farm under false pretenses; in addition, the Utah law also makes it a misdemeanor to take photographs or make recordings on farms without permission from the owner. These laws are just two in a wave of “ag-gag” bills introduced in several states, including Minnesota, Missouri, Nebraska, New York, and Tennessee. Ag-gag bills were also...
read moreEPA Enforcement After Sackett v. EPA: The Future of EPA Compliance Orders
The Supreme Court’s recent decision in Sackett v. EPA [1] determined that Administrative Compliance Orders issued by the Environmental Protect Agency (EPA) are final agency actions, and as such, are subject to judicial review under the Administrative Procedures Act (APA). The EPA pursues civil enforcement for the vast majority of statutory violations, and compliance orders are available as the first step of administrative intervention. According to the EPA, compliance orders serve as the beginning of the conversation between the Agency...
read moreWas Sackett v. EPA All About Protecting the Little Guy?
On March 21, 2012, the Supreme Court unanimously held that EPA administrative compliance orders issued under the Clean Water Act (CWA) are subject to pre-enforcement judicial review. The decision itself was narrowly drawn, concluding that CWA compliance orders are “final agency action” entitled to judicial review under the Administrative Procedure Act (APA). While the court decided based on statutory grounds and declined to rule on the issue of due process, the undercurrents of the opinion and surrounding commentary suggest much more...
read moreWelcome to MJEAL’s Online Content!
I am happy to announce the launch of the Michigan Journal of Environmental and Administrative Law’s blog, which will complement our published journal content. At a time when social networking and online media is the norm for information dissemination, the founders of MJEAL recognized that having an online presence is important to facilitate dialogue about important developments in environmental and administrative law scholarship. We plan for this space to serve as a forum for our editors, faculty, and other contributors to explore a...
read moreMJEAL Volume 1, Issue 1 Party!
It’s been a long year, but we’re finally there. The issue is with the printer and should be going out to the world shortly. To celebrate, we’re going to have a little shindig. More formally, we’d like to invite you to our Volume 1, Issue 1 Launch Party! The event will be held Wednesday April 4 at 7pm at the Arbor Brewing Company (click here for a printable invitation). It should be a great time to play a little shuffleboard and indulge in self-congratulation over what we’ve accomplished...
read moreThe Michigan Journal of Environmental and Administrative Law is proud to announce the contents of its first Volume, to be released in April, 2012.
All MJEAL articles will be available online, and archived by volume. “The Quest for a Sustainable Future and the Dawn of a New Journal at Michigan Law” By David M. Uhlmann “Deregulatory Riders Redux” By Thomas O. McGarity “Is a Substantive, Non-Positivist United States Environmental Law Possible?” By Dan Tarlock “A Functional Approach to Risks and Uncertainties Under NEPA” By Todd S. Aagaard “The $1.75 Trillion Lie” By Lisa Heinzerling & Frank Ackerman “The Case for Abolishing Centralized White House Regulatory...
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