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Appeal No.1045: Renee Beem Caughey v. Division of Oil & Gas Resources Management & EOG Resources, Inc.
No full textAppeal of Chief\u27s 2025=12
Celebrating the Life of Spencer Neth
No full textCelebrating the life of former faculty member Spencer Neth
No Way FDA, Let States Lead the Way on Expanding the Prescriptive Authority of Pharmacists
Full text linkPermitting the Future
Full text linkToday’s environmental laws impose a range of permitting and review requirements on federal projects and private developments that require federal approval. While well-intentioned, these requirements have imposed substantial costs and delays on economic development, including the development of “green infrastructure.” Alternative energy projects and the infrastructure upon which they depend are constrained by lengthy permit reviews and assessments. While designed to protect the environment, these regimes may constrain the development and deployment of the environmental technologies of tomorrow, including (but not limited to) those necessary to address climate change. This essay is the introduction to a symposium on “Permitting the Future” that explores the legal and economic aspects of permitting and review requirements for new technologies, infrastructure, and development, how such requirements may impede environmental progress, and whether there are alternative approaches to managing environmental risks that are more consistent with the maintenance of a free, dynamic, and sustainable economy
The Commerce Clause Doesn’t Override Rules Governing the Taxing Power
Full text linkThis article challenges the view that the commerce clause, including the foreign commerce part of that clause, provides authority for enacting taxes that don’t meet the explicit requirements for taxes set out in the Constitution—the uniformity rule for indirect taxes (duties, imposts, and excises), the apportionment rule for direct taxes that aren’t taxes on incomes, and the export clause that prohibits taxation of articles exported from any state. That reading of the commerce clause would gut constitutional provisions that were clearly intended to be limitations on the congressional taxing power. Even if a tax might be construed as a regulation of commerce, as would be the case with many, if not most, taxes—such as the mandatory repatriation tax, the constitutionality of which is at issue in Moore v. United States—the article argues that the tax must satisfy the rules applicable to the taxing power
Other Inhumane Acts of a Similar Character Intentionally Causing Great Suffering. Does Ecocide Fit Within the Bounds of Crimes Against Humanity
Full text linkDeadly Journeys: Climate Change, U.S. Border Enforcement, and Human Rights
Full text linkExtreme weather events and slow onset disasters, exacerbated by climate change, are increasingly driving global displacement. As displaced people seek cross-border protection in unprecedented numbers, the United States has responded by tightening border controls and restricting asylum access. These policies have exposed migrants and asylum seekers in transit to greater risks of injury and death due to the impacts of climate change and climate-related disasters. Drawing on legal analysis, historical context, and firsthand interviews with people seeking U.S. asylum, this Article examines the implications of U.S. policies that limit freedom of movement and asylum access. The Article raises critical legal questions regarding U.S. obligations under international and domestic law to protect asylum seekers, mitigate climate-related risks, and uphold the rights of noncitizens within its borders. It probes the extent to which U.S. policies may subject impacted individuals to the risk of forced return, or refoulement, to places where their lives and safety are at risk, contravening international legal norms. It also examines the extraterritorial reach of U.S. immigration enforcement efforts. In addressing these questions, this Article underscores the urgent need for safe and regular migration pathways to protect people on the move from the intensifying effects of climate change
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