Volume 54 (2022) Issue 3 (Fall)

By Dewey Warner.  “Our planet is a lonely speck in the great enveloping cosmic dark. In our obscurity, in all this vastness, there is no hint that help will come from elsewhere to save us from ourselves.” Less than three…

By Arden Rowell and Kenworthey Bilz. Pollution control is fundamentally affected by how people evaluate the harm of pollution. In many legal contexts, psychological processes contribute to an intuitive undervaluation of the harms of pollution, particularly where those harms are diffuse…

By Rhett Larson & Dylan Hendel. Colonias are small, generally unincorporated communities of predominantly Hispanic residents located near the U.S./Mexico border that suffer disproportionately from water insecurity associated with inadequate drinking water quality and reliability and flooding risks. Many of the…

By Sean Krieg.   On April 1, 2021, the Second Circuit Court of Appeals told taxpayers to “shoulder[] the burden” of New York City’s climate mitigation expenses without any help from major fossil-fuel producers, marketers, or distributors. The court made this…

By Steven Ferrey. The much-lauded advantage of the U.S. federalist legal system of separation of legal powers among separate levels of federal, state, and local government is credited with seeding innovation, experimentation, and diversity as a positive variable in the resilient…

By John C. Dernbach and Scott E. Schang. In his enormously influential writings on the public trust doctrine, Professor Joe Sax argued that its core idea could, and should, be expanded beyond the natural resources to which it had been historically…

By Keith H. Hirokawa, Cinnamon P. Carlarne, Karrigan S. Börk, & Sonya Ziaja. Although the needs of the public health, safety, and welfare vary across time and space, human survival requires functioning natural systems. It is no exaggeration to say that,…