Category: Issue 1
-
Cedar Point Nursery v. Hassid and Customary Use: Protecting the Public’s Right to Recreate on Dry Sand Beaches
Abstract This Article analyzes the Supreme Court’s new per se physical taking rule in Cedar Point Nursery v. Hassid as a potential threat to the public’s right to use dry sand beaches protected by state customary use statutes. The Court’s recent decision pronounced a per se rule that any degree of physical access to private…
-
Federalism in Flux: Addressing State Oversight of National Security Facilities
Abstract This Article explores the legal tension posed by state-issued injunctions under federal environmental laws on national security facilities. It argues that the Constitution’s assignment of military control to the federal government is at odds with states’ broad enforcement authority when applied to facilities that are vital for national security. This uncertain enforcement regime negatively…
-
The Rise of the Nondelegation Doctrine and the Decline of Our Oceans
Introduction The great oceans of our planet evoke a variety of emotions in visitors, from fear of what lurks beneath the unknown depths, to awe and wonder about the expansive world beneath the waves. Despite this appreciation or fear, oceans are often overlooked for their wide-reaching benefits. The Amazon is often referred to as the…
-
Climate Change and Voter Outreach: The IRS’s Prohibition on Political Campaign Activity and Climate Nonprofits
Introduction Nonprofit organizations in the United States play an instrumental role in societal progress, serving individuals and families, speaking with and educating policymakers, and providing community services. 501(c)(3) nonprofit organizations must operate as nonpartisan actors due to prohibitions passed by Congress to qualify for tax exemption.[2] Even with this restriction, nonprofit organizations, specifically climate focused…
-
Incorporating a Framework for Compostable Materials into Extended Producer Responsibility: Plastic Packaging Models in the Legal Fight Against the Plastic Problem
Introduction The photo of an endless line of hikers stretching into the horizon on Mt. Everest has been talked about around the world.[2] However, human impacts have reached the summit of this mountain in far more terrifying ways than having to wait in line to reach the top ever could. Recently, researchers found microplastics, tiny…
-
Last Call: The Limitations of New Mexico’s Existing Water Management Framework in the Face of Reduced Colorado River Water Deliveries
Abstract This Article examines the resilience of New Mexico’s internal water management programs considering the interstate Colorado River obligations within the Law of the River. New Mexico’s annual apportionment of the Colorado River has been reduced in recent years, as aridification in the West continues. Much of the water delivered to New Mexico annually serves…