Content Posted in 2015 | University of Missouri School of Law

Skip to main content

Content Posted in 2015

Abandoning the Common Enemy Doctrine and Adopting the Rule of Reasonable Use: More Problematic than Helpful. Heins Implement Co., et al. v. Missouri Hwy. & Transp. Comm'n, et al., Jason W. Johnson

A Call for a New Policy Toward CERCLA Cleanup Costs in the Eighth Circuit: Is it Fair to Punish the PRP who Initiates the Cleanup at a Superfund Site? , Ricky Pearce

A Case for Cooperation Between the Environmental Protection Agency and the United States Department of Agriculture in Order to Achieve Federal Environmental Quality Goals. National Pork Producers' Council v. EPA, James D. Boresi

A Challenge for Federalism: Achieving National Goals in the Electricity Industry, Ari Peskoe

A Clear Statement of Recovery: Applying the NCTA Doctrine in the Determination of Whether Oversight Costs are Recoverable Under CERCLA. U.S. v. Dico , Jason L. Cordes

Addressing Missouri's Domestic Conflict of Interests in the Missouri River: A Suggested Approach for Resolution , Craig A. Street

A Fine Romance: The Indulgent Relationship between Federal Courts and Federal Agencies and the Broken NEPA Decision-Making Process. Prairie Band Pottawatomie Nation v. Fed. Highway Admin., Salama Gallemore

A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, John M. Lande

After Hobby Lobby: The “Religious For-Profit” and the Limits of the Autonomy Doctrine, Angela C. Carmella

Agency Power v. Court Discretion: Should Courts Have the Discretion to not Enforce Injunctive Relief Recommended by Statutes? United States v. Mass. Water Res. Auth., Leecia D. Carnes

Agricultural Non-Point Source Pollution and Wetlands: A Sensible Approach, Anthony P. Farrell

A Hot Debate: Application of the Zone of Interests Test to the Endangered Species Act. Bennett v. Plenert, Lynette McCloud

Aircraft Overflights as a Fifth Amendment Taking: The Extension of Damages for the Loss of Potential Future Uses to Aviation Easements. Brown v. United States, Scott P. Keifer

A Light at the End of the Tunnell?: The Parameters of Uninsured Motorist Coverage Coverage in Wrongful Death Cases, Edward Wittrig

Allowing States to Avoid Accountability: A Death Knell for Private Enforcement of Federal Environmental Laws? Seminole Tribe of Florida v. Florida, Melissa McAllister

A Missouri Citizen’s Guide to Red Light Cameras, Joe Conlon

A New Era of Green Regulation: EPA Must Regulate Climate Altering Gases Emitted from Motor Vehicles. Massachusetts v. Environmental Protection Agency , Brett Maland

A New View, or Just Being Difficult? The Ninth Circuit's View on Categorical Exclusions. Sierra Club v. Bosworth, Jerri Zhang

An Interview with Edward L. Dowd, Jr., and Patrick M. Flachs, United States Attorneys Office, Eastern District of Missouri , Theodore A. Kardis

An Interview with Jeremiah "Jay" Nixon, Missouri Attorney General, Anthony P. Farrell and Tom Ray

A Not-So Equitable Allocation: The Need for an Environmental Cost Principle , Joshua H. Van Eaton

An Overview of Missouri's Air Permit Laws, Robert J. Lambrechts

Anthony Lewis, Dahlia Lithwick

Anthony Lewis and the First Amendment, Adam Liptak

Anthony Lewis: Pioneer in the Court’s Pressroom, Lyle Denniston

Anthony Lewis: What He Learned at Harvard Law School, Lincoln Caplan

An Uncivil Action: The Supreme Court Dilutes the Endangered Species Act. National Association of Homebuilders v. Defenders of Wildlife, Joseph Schlotzhaer

A Proposal to Greatly Expand National Parks in the Lower Forty-Eight States: An Investment in our Planet's Future, William A. Wines

Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers the Rights of Individual Employees, Spring E. Taylor

Are Corporate Super PAC Contributions Waste or Self-Dealing? A Closer Look, Joseph K. Leahy

A Regulatory Reinterpretation to Blow Away Dirty Energy? , Seth Cox

A Religious Organization’s Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment, Carl H. Esbeck

A Remedy Even the Plaintiffs Don't Like. The D.C. Circuit's Vacatur of the Clean Air Interstate Rule. North Carolina v. E.P.A, Matthew D. Tait

Are They or Aren’t They “Retirement Funds”? The Case for Including Funds from an Inherited IRA in a Debtor’s Bankruptcy Estate, Jennifer Salisbury

A River Runs Through It: What States along the Missouri River can Learn about Water Allocation from Conflict in the ACF River Basin. Se. Fed. Power Customers, Inc. v. Geren., Claire McClintic

Arrestee Number Two, Who Are You? Suspicionless DNA Testing of Pre-Trial Arrestees and the Fourth Amendment Implications, Lesley A. Hall

Assessing Costs under CERCLA: Sixth Circuit Requires Specificity in Complaints Seeking Prejudgment Interest. United States v. Consolidation Coal Co., Andrew J. Ennis

Assessing the Risks and Benefits of Hydraulic Fracturing , Jesica Rivero Gilbert

As Today’s Tony Lewises Disappear, Courts Fill Void, David A. Sellers

A Supplemental Labeling Regime for Organic Products: How the Food, Drugs, and Cosmetic Act Hampers a Market Solution to an Organic Transparency Problem , Ariele Lessing

A Sweet Deal for Sugar , Jeff LeBlanc

A Tiger with No Teeth: The Case for Fee Shifting in State Public Records Law, Heath Hooper and Charles N. Davis

Attempting to (De)Regulate Genetically Modified Crops: The Supreme Court Overrules the Injunction Denying Deregulation of Roundup Ready Alfafa. Monsanto v. Geertson Seed Farms, Christine K. Lesicko

A Whale of a Tale: The Supreme Court Sets a New Trend Favoring National Security over Environmental Concerns. Winter v. NRDC, Brian Schierding

Baby Steps, Not Leaps, Toward Relief. Anatomizing Sackett v. EPA, John Shikles

Back to Reality: What "Knowingly" Really Means and the Inherently Subjective Nature of the Mental State Requirement in Environmental Criminal Law , Jonathan Snyder

Balancing Local Concerns with CERCLA Policies: The Importance of Perspective in Considering the Application of Federal Mandate. State of Missouri v. Independent Petrochemical Corporation , Eric Walter

Balancing the Fourth Amendment against Protecting the Environment. Riverdale Mills Corp. v. Pimpare, Laurie Knight

Be Specific: The Proper Way to Challenge Actions of the United States Forest Service. Sierra Club v. Peterson, Stephen M. Scanlon

Bioremediation: A Growing Trend in Pollution Treatment and Control , Michael Kukuk

Blocking Eco-Patent Trolls: Using Federalism to Foster Innovation In Environmental Technology, Angelina M. Whitfield

Bombs Under Bangor: The Ninth Circuit Holds Submarine Base Siting Beyond the Scope of NEPA and the ESA. Ground Zero Center for Non-Violent Action v. U.S. Department of the Navy, Crystal L. Hermann

Bowman v. Monsanto Co.: A Bellwether for the Emerging Issue of Patentable Self-Replicating Technologies and Inadvertent Infringement, Christopher M. Holman

Butting Heads: NEPA and ESA, When Designation of a Critical Habitat under the Endangered Species Act Conflicts with NEPA's Environmental Impact Statement Documentation Requirements, Cynthia Giltner

Buying the Farm: The Eighth Circuit Declares South Dakota's Anti-Corporate Farming Amendment Violates the Dormant Commerce Clause. South Dakota Farm Bureau v. Hazeltine, James C. Chostner

Call Me, Maybe: Missouri’s Approach to Extraterritorial Personal Jurisdiction on the Basis of Interstate Communications, Caleb Wagner

Cancerphobia Damages in Missouri: A Comprehensive Discussion on Toxic Torts and Fear of Disease Recovery Comments and Casenotes , Thad R. Mulholland

Can Federal Sanctions Force States to Clean Their Air. Missouri v. United States, Theodore A. Kardis

Can't Do That, Grandpa! Environmental Defense v. Duke Energy Corporation, Hannah Tien

Can Townships Really Smell?: Coping with the Malodorous Problems of Hog Farms in Rural Missouri. Premium Standard Farms, Inc. v. Lincoln Township of Putnam County, Benjamin A. Joplin

Can We Drill Now?: The Ninth Circuit's View on Filing Environmental Impact Statements. Alaska Wilderness League v. Kempthorne, Nicole Hutson

Captive Consumer Paradox: The D.C. Circuit's Attempt to Bring Symmetry to Clean Air Act Incentives for Cellulosic Biofuel Production, A, John W. Shikles

Carbon Capture and Storage: How Bad Policy Is By-Passing Environmental Safeguards, Allison Kole

Cases to Watch, Alyse Hakami

Cases to Watch and Legislative Summaries

Cases To Watch and Missouri Legislative Summary, Tom Ray

Cases To Watch and Missouri Legislative Summary, V. Alyse Hakami and Mark A. Meyer

Case Study in Patent Litigation Transparency, A, Bernard Chao and Derigan Silver

Causation Confusion: Missouri’s Adoption of a Contributing Factor Standard for Workers’ Compensation Retaliation Claims, Suzanne L. Specker

Caveat Emptor, Indeed: Eighth Circuit Bars Strict Liability Recovery from Subsequent Property Owners in Minnesota. Kennedy Building Associates v. Viacom, Inc., Jason M. Scherer

CERCLA's Federally Required Date "Cleans up the Mess" in Toxic Tort Litigation. Freier v. Westinghouse Elec. Corp., Kelly E. Shamel

CERCLA: To Clean or Not to Clean - The Supreme Court Says There is no Question. U.S. v. Atl. Research Corp., Claire McClinic

Challenges and Inconsistencies Facing the Posthumously Conceived Child, Andrew T. Peebles

Citizen Suits and the Clean Water Act: Has Article III become a Permanent Roadblock to Private Enforcement? Natural Resources Defense Council v. Southwest Marine, Inc. , Brett A. Williams

Citizen Suits under the Endangered Species Act: The United States Supreme Court Expands the Zone of Interests Test. Bennett v. Spear , Stacy Nagel

Civil or Criminal?: Deciding Whether a Law may be Applied Retrospectively yet Constitutionally in Missouri. State v. Wade, Timothy M. Guntli

Clarifying the Preemptive Scope of CERCLA Section 9658, Allison Tungate

Class Warfare: The Eighth Circuit Clamps Down on Consumer Class Actions Under Rule 23(b)(3), Caleb Wagner

Clean Air Act and the Federal Removal Statute: Do They Fit Together or Are We Missing a Piece of the Puzzle? California v. United States, Joshua Klinger

Clean Indoor Air: Who Has It & How to Get It - A Functional Approach to Environmental Tobacco Smoke , Christine Hymes

"Clean Water Act Compliance Audit Program for Pork Producers": How was Such an Agreement Reached Between the EPA and the National Pork Producers? , Anita K. Chancey

Clean Water Act's Mens Rea Requirement: Establishing a Brighter Line Test. United States v. Sinskey, Douglas L. McHoney

Coexistance Strategies in a Biotech World: Exploring Statutory Grower Protections, A. Bryan Endres

Collateral Damage: Turning a Blind Eye to Environmental and Social Injustice in the Coalfields, Patrick McGinley

Commentary on Midwest Interstate Low-Level Radioactive Waste Compact: Interviews with David Shorr, Director of Missouri's Department of Natural Resources, and Kay Drey, Anti-Nuclear Activist , Wendy Hickey

Commerce Clause and Flow-Control: The Problems of Regulating the Importation of Solid Waste. National Solid Wastes Management Association v. Meyer, Rebecca Tenbrook

Concepcion and Mis-Concepcion: Why Unconscionability Survives the Supreme Court's Arbitration Jurisprudence, Richard Frankel

Congress Should Act to Define "Prevailing Party" to Ensure Citizen Suits Remain Effective in Environmental Regulation. Sierra Club v. City of Little Rock, Nathan A. Steimel

Consent not Required: Missouri’s Adoption Laws for Incapacitated Adults. DeBrodie v. Martin, Kelly Collins

Conservation Easements: Tax Shields with Philanthropic Means. Glass v. Commissioner, John H. A. Griesedieck

Conservation or Coercion: Federal Regulation of Intrastate Wetlands under the Swambuster Provisions of the Food Security Act. United States v. Dierckman, Patrick R. Douglas

Consideration of Cumulative Impacts and a Properly Tiered EA & EIS: A Guarantee for Eighth Circuit Deference to Agency Decision-Making. Arkansas Wildlife Federation v. United States Army Corps of Engineers, Travis A. Elliott

Contaminated Property and the Attached Stigma: Polluter's Tax Incentives? Dealers Manufacturing, Co. v. County of Anoka, M. Katherine Freed

Contribution to Inaction: Interpreting CERCLA to Encourage, Rather than Discourage, Hazardous Waste Clean-Up. Dico, Inc. v. Amoco Oil Co. , Lewis A. Fleak

Controlling Externalities Associated with Concentrated Animal Feeding Operations: Evaluating the Impact of H.B. 1207 and the Continuing Viability of Zoning and the Common Law of Nuisance , Jerome M. Organ and Kristin M. Perry

Corporate Environmental Accountability: Expanding SEC Disclosures to Promote Market-Based Environmentalism , Terra Pfund

Corporate Farming: How Interpretation of the Commerce Clause is Making Restrictions More Difficult. Jones v. Gale , Brock H. Cooper

Counterpoint: Environmental Audit Privilege Legislation: Secrecy and Forgiveness for Environmental Violators , Joseph P. Bindbeutel

Court Reports. United States District Reports

Creative Statutory Interpretation: How the EPA Escaped Regulation of Motor Vehicle Emissions under the Clean Air Act. Massachusetts v. EPA, Erin C. Bartley

Crying Over Spilt Milk: A Closer Look at Required Disclosures and the Organic Milk Industry. International Dairy Foods Association v. Boggs, David A. Martin

Cry Me a River: The Eighth Circuit Says Navigation, not Recreation, is the Predominant Goal of the Army Corps of Engineers in Managing the Flow of the Missouri River. South Dakota v. Ubbelohde, Lorraine C. Buck

Dam Complications in Senegal: How River Dams May Hurt More than Help Vulnerable Populations in Water-Stressed Regions, Colleen Diessner

Day 's Pyramid Ignores Sturdy Severability Foundation, Builds Off Granite Rock, Wesley K . Dagestad

Decades of Uncertainty End with Error. Entergy Corp. v. Riverkeeper, Inc., Aaron Sanders

December 23, 1985: A Turning Point in the Granting of Farm Subsidies under the Food Security Act of 1985. Horn Farms, Inc. v. Johanns, Amy L. Ohnemus

Deepwater Exploration in the Gulf: The Eleventh Circuit Balances Energy Independence and Environmental Responsibility Post-Deepwater. Defenders of Wildlife v. Bureau of Ocean Energy Mgmt., Ryan Harris

Defending the Guilty: Lawyer Ethics in the Movies, J. Thomas Sullivan

Deference, Clarity, and the Future of Arbitration in Investor-State Dispute Settlements, Robert N. Mace

Defining "Significance": Balancing Procedural and Substantive Judicial Review of Negative Declarations under the Minnesota Environmental Policy Act. Minnesota Center for Environmental Advocacy v. Minnesota Pollution Control Agency, Thomas Schmid

Defining the Limits of Wetland Regulation under the CWA and the Commerce Clause. United States v. Wilson, Stephen S. Davis

Defogging the Future: The Effect of American Electric Power on Future Lawsuits. American Electric Power Co. Inc. v. Connecticut, Marriam Lin

Designing Subsidies for Low-Carbon Energy, David Weisbach

Determining a "Final Action" of the EPA for Purposes of Exclusive Jurisdiction in the Federal Courts of Appeals: Does a Constitutional Challenge Qualify? Virginia v. United States , Rachel Craig

Developing a Framework for Arbitrating Standards-Essential Patent Disputes, Jorge L. Contreras and David L. Newman

Development Impact Fees: Guidelines for Missouri Enabling Legislation, Jill A. Morris

Discharge of a Pollutant: The Clean Water Act Definition That Has Caused MUCH Confusion, Arsenio L. Mims

Does a PRP Letter Trigger a Seller's Duty to Indemnity? Datron, Inc. v. CRA Holdings, Inc., Christopher J. Lucas

Don’t Throw the Baby Out with the Frack Water: A Reasoned Look at the Benefits and Shortcomings of Hydraulic Fracturing, Scott Martin

Do Polluters Truly Pay? A Chip in the "Potentially Responsible Parties" Analysis for Hazardous Waste Cleanup. Celanese Corporation v. Martin K. Eby Construction Company, Inc., Katherine E. Vogt

Economics-Based Environmentalism in the Fourth Generation of Environmental Law., Donald J. Kochan

Educating Judges—Where to From Here?, Livingston Armytage

Eighth Circuit Declares New Law for Owners of Land Encumbered by FWS Easements: Drain Those after-Expanded Wetlands, but Ask Nicely First. United States v. Johansen, Laura Krasser

Employment Arbitration at the Crossroads: An Assessment and Call for Action, Stephen L. Hayford, Jamie Darin Prenkert, and Anjanette H. Raymond

Ending the Arranger Debate: Integrating Conflicting Interpretations in Search of a Uniform Approach, David Brose

Enforceability of Sale Contracts When Environmental Contamination is Found: Legal Breach of Contract? Contract Freighters, Inc. v. J.B. Hunt Transport, Inc., M. Katherine Freed

Enforcing Environmental Law in an Unequal Market: The Case of Concentrated Animal Feeding Operations , Paul Stokstad

Enriching the NRC's Plausible Strategy Precedent: Another Uranium Enrichment Facility Permit is Approved. Nuclear Information and Resource Service v. Nuclear Regulatory Commission , Andrew Reed

Environmental Compliance: Negotiating the Regulatory Maze, Richard F. Chatfield-Taylor

Environmental Consultants Beware: The Eighth Circuit Has Unearthed CERCLA's Strict Liability Standard. K.C. 1986 Ltd. Partnership v. Reade Mfg., Susan Murphy

Environmental Dispute Resolution: Combining Settlement Mechanisms for Transnational Enforcement of International Environment Disputes , Victoria C. Dawson

Environmentalism: A Symbiotic Relationship Between a Social Movement and U.S. Law?, Claire Riegelman

Environmental Justice and TSD Sting Policies: Title VI is the Plaintiffs' Newest and Best Weapon, but will it Succeed in Missouri , Don Willoh and Tom Collins

Environmental Justice Issues in Sustainable Development: Environmental Justice in the Renewable Energy Transition, Uma Outka

Environmental Law, Civil Rights and Sustainability: Three Frameworks for Environmental Justice, Eileen Gauna

Environmental Law, Episode IV: A New Hope? Can Environmental Law Adapt for Resilient Communities and Ecosystems?, Craig Anthony (Tony) Arnold

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental Law Updates

Environmental News

Environmental News

Environmental News

Environmental News

Environmental News

Environmental Updates

Environmental Updates

Environmental Updates

Environmental Updates

Environmental Updates

EPA, Outer Continental Shelf Sources, and Deference Resisting Environmental Destricution on Indigenous Lands, The, Sarah Melz

EPA's Failure to Administer the NPDES Permit System Leads to a Judicial Mugging. Sierra Club, Lone Star Chapter v. Cedar Point Co., Inc., Daniel C. Mizell

Europe's Role in Alternative Dispute Resolution: Off to a Good Start?, Maud Piers

Expanding Agency Authority: Administrative Agencies may Interpret Issues of their own Jurisdictions and Assess Penalties against Asbestos Disposal Sites Disproportionate to their Offenses. Lyon County Bd. of Comm'rs v. U.S. EPA , Leah M. Clubb

Exploring the Abstact: Patent Eligibility Post Alice Corp v. CLS Bank, John Clizer

Extramarital Relationships and the Theoretical Rationales for the Joint Property Rules – A New Model, Yitshak Cohen

Federal Agency Action Subject to Section 7(A)(2) of the Endangered Species Act , Steven G. Davison

Federal Contractors, Title VII, and LGBT Employment Discrimination: Can Religious Organizations Continue to Staff on a Religious Basis?, Carl H. Esbeck

Federal Court Affirms the Destruction of Louisiana's Coastal Marshlands. Barasich v. Columbia Gulf Transmission Co., Darryl Chatman

Federal Preemption and the AEA: How Federal Preemption Law "Nukes" State Law That Affects Nuclear Waste, Scott S. Smith

Federal Preemption under the Clean Air Act: A Loss for the Environment but not Necessarily a Victory for Diesel. Engine Manufacturers Association v. South Coast Air Quality Management District, Joshua N. Corman

Federal Tax Treatment of Environmental Clean-up Costs: An Ever Changing Doctrine , Joan M. Swartz

Fight for Your Right: Nebraska's Bifurcated Water Rights System Leads to Disputes over Appropriation Determinations. Upper Big Blue Natural Resources District v. State Department of Natural Resources, Chelsea R. Mitchell

Fighting Hidden Discrimination: Disparate Impact Claims Under the Fair Housing Act, Sean Milford

Forcing the Issue: Applying a Statute of Limitations to Challenges of Agency Inaction under the Endangered Species Act. Missouri v. Secretary of the Interior, Steven J. Blair

Fueling Debate: The Ninth Circuit's Order to Reevaluate Fuel Efficiency Standards for Lightweight Trucks. Ctr. for Biological Diversity v. Nat'l Highway Traffic Safety Admin., Michael Quillin

Future of Mandatory Employee Arbitration Agreements, The, Marcy Greenwade

Genetically Modified Insects: Why Do We Need Them and How Will They Be Regulated?, Michael J. Donovan

Global Integrationist Multimodality: Global Environmental Governance and Fourth Generation Environmental Law, Andrew Long

Global Warming & Common Law Tort Claims: Did the Fifth Circuit Open up Pandora's Box. Comer v. Murphy Oil USA, Thomas C. Smith

Good Pretrial Lawyering: Planning to Get to Yes Sooner, Cheaper, and Better, John M. Lande

Greater Protection: Missouri Says No to Possible Asbestos Contamination due to NESHAP and Possible RCRA Violations. Families for Asbestos Compliance, Testing and Safety v. City of St. Louis, Missouri, Erin P. Seele

Great Lakes Water Quality Agreement: Is Honesty Without Accountability or Enforcement Still Enough?, Alisa Tschorke

Green Jobs Myths, Andrew P. Morriss, William T. Bogart, Andrew Dorchak, and Roger E. Meiners

Green Mountain: A "Fleeting" Win for the States. Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie, Brianne Ardila

Guilty for Having Done Nothing: Passive Past Owners Face CERCLA Liability, Lisa A. Lee

Have the Sons Disobeyed Their Fathers? The Massachusetts' Standing Analysis after Biological Diversity. Center for Biological Diversity v. United States Department of Interior, Michael A. Moorefield

Head of the Class: Oxford Health Plans and the Uncertain Future of Class Arbitrability Determinations, Kevin Sack

Hogtied to Precedent: The Need for a Statutory Defintion of “Agricultural Stormwater Discharge” in the Clean Water Act, Allison Tungate

Homelessness at the Cathedral, Marc L. Roark

"Horton and the Who": Determining Who is Affected by the Emerging Statutory Battle Between the FAA and Federal Labor Law, James R. Montgomery

How Much Would You Pay for Clean Air? The Role of Cost/Benefit Analysis in Setting NAAQS , Lori C. Imsland

Hunting on National Wildlife Refuges: Unchecked Expansion or Fully Compatible Use?, Kurt R. Moser

Hurry up and Have an Accident: Comprehensive General Liability Contract Standard Pollution Exclusion Clause Includes a Temporal Element. Charter Oil Company v. American Employers' Insurance , Kevin Murphy

If a Regulation Falls in the Courts, and Nobody's There to Hear It… The Limited Impact of Northwest Environmental Advocates v. EPA on Federal Ballast Water Policy. Northwest Environmental Advocates v. U.S. Environmental Protection Agency., Robert A. Noce

If There Are Rules to Follow, Why Didn't the Department of Agriculture Follow Them? Humane Society of the United States v. Glickman, Joshua Klinger

Incarcerated Childbirth and Broader "Birth Control": Autonomy, Regulation, and the State, Deborah Ahrens

In Closing the Door to Environmental Public Nuisance Claims, did the Fourth Circuit Leave a Window Cracked? North Carolina ex rel. Cooper v. Tennessee Valley Authority, Katherine E. Vogt

In Defense of Disparate Impact: Urban Redevelopment and the Supreme Court’s Recent Interest in the Fair Housing Act, Valerie Schneider

Indigenous Adaptation in the Face of Climate Change, Elizabeth Ann Kronk Warner

Indoor Air Quality: Options for Regulating Environmental Tobacco Smoke, Haley M. Peerson

Injury in Fact, Then and Now (and Never again): Summers v. Earth Island Institute and the Need for Change in Environmental Standing Law , Cassandra Barnum

"In Standing is the Preservation of His World": Justice Scalia and the Varieties of Natural-Religious Experience , Don Ellinghausen Jr.

Institutionalizing Press Relations at the Supreme Court: The Origins of the Public Information Office, Jonathan Peters

International Arbitration, Judicial Education, and Legal Elites, Catherine A. Rogers

Internet Giants as Quasi-Governmental Actors and the Limits of Contractual Consent, Nancy S. Kim and D. A. Telman

Interpreting the Criminal Sentencing Provisions of the Clean Water Act: Lessening the Government's Burden of Proof at the Cost of Constitutional Rights. U.S. v. Chemetco., Inc. , David A. Brose

Interpreting the Wilderness Act of 1964, Gordon Steinhoff

Intersection of Patent Infringement and Antitrust Liability in Abbreviated New Drug Application Litigation, The, Kevin E. Noonan

Interview with David Shorr, Director, Missouri Department of Natural Resources, An, Tony Farrell

Interview with Martha Steincamp, Regional Counsel, United States Environmental Protection Agency, Region VII, An, Tom Ray

Investigating the Convention on Biological Diversity's Protections for Traditional Knowledge , Jennifer Amiott

Issue Ripe for Supreme Court Review: Whether Congress Intended to Alter the Common Law Principles of Corporate Limited Liability When Enacting CERCLA,, Constance S. Chandler and Rebecca J. Grosser

Is There a Need to Regulate Mussel Harvesting? The Ninth Circuit Declares No Pollution, No Problem! Association to Protect Hammersley, Eld, and Totten Inlets v. Taylor Resources, Inc., Bridget Romero

It is Time to Reevaulate the Toxic Release Inventory, Susan E. Dudley

It's Called Manufacturing: A Closer Look at Missouri's Groundwater Law. Citizens for Ground Water Protection v. Porter, Brian Hamilton

Judging as Judgment: Tying Judicial Education to Adjudication Theory, Robert G. Bone

Judicial Bias: The Ongoing Challenge, Kathleen Mahoney

Judicial Challenges to Missouri River Mainstem Regulation , John R. Seeronen

Judicial Dismissal in the Interest of Justice, Valena E. Beety

Judicial Education and Regulatory Capture: Does the Current System of Educating Judges Promote a Well-Functioning Judiciary and Adequately Serve the Public Interest?, S. I. Strong

Judicial Education: Pedagogy for a Change, T. Brettel Dawson

Junk Science, Environmental Risk, and Very Low Detection Levels in NPDES Permits , Todd B. Adams and Barry Michael Levine

Keys to Increasing Voluntary Cleanups in Missouri , George M. von Stamwitz and Norella V. Huggins

Last Rights Denied: Right of Sepulcher in Springing Power of Attorney for Health Care Invalidated, Alice Haseltine

Law and Fact Patterns in Common Law Water Pollution Cases, Peter N. Davis

Law of Repelling Floods in Missouri , Peter N. Davis

Lead Poisoning: Will Missouri's New Legislation Get the Lead Out?, Mark A. Meyer

Legal Journalism Today: Change or Die, Howard Mintz

Legislative Update

Legislative Update

Legislative Update

Legislative Update

Legislative Update

Legislative Update

Legislative Update

Lessons from Kindergarten: Recovering Remediation Costs under the Citizens' Suit Provision of the Resource Conservation and Recovery Act , Eugene P. Schmittgens Jr. and Douglas E. Nelson

Let Me In: The Right of Access to Business Disputes Conducted in State Courts, David W. Brown

Liability for Cost of Litigation that Accrue after Litigation Is Complete: Costs Associated with Monitoring Compliance with Established Consent Decrees are Part of Litigation Costs. Sierra Club v. Hankinson, C. Travis Hargrove

Lighting in a Bottle: Using Tax Policy to Solve Renewable Energy's Storage Challenges, Roberta F. Mann

Lingering Hazardous Chemicals: Missouri’s Step Toward Accountability in the Face of Corporate Market Ubiquity, Adam Ellis

Lobato v. Taylor: Torrens Title Lost to Legal Fictions , Todd Barnet

Long Live Volumetric Apportionment: Will Courts follow Burlington Northern: The Mystery Continues! United States v. NCR Corporation, Arsenio L. Mims

Looking the Gift Horse in the Mouth: Wild Horse Management in Ozark National Scenic Riverways. Wilkins v. Lujan , Sarah Madden

Making Judge-Speak Clear Amidst the Babel of Lawspeakers, Michael A. Wolff

Making the Grade: The Role of Conservation Agreements in Complying with Environmental Law Mandates. Selkirk Conservation Alliance v. Forsgren, R. Marissa Albert

Making the Right Step Under the Wrong Authority: Kansas's Expansion of CERCLA to Include State Statutes of Repose, Jafon Fearson

Making the Waters a Little Murkier: Broadening the Endangered Species Act at the Expense of the Clean Water Act. Defenders of Wildlife v. United States Environmental Protection Agency , Erik G. Holland

Many Facts, Little Law: Confusion Remains in the Law of Takings After Del Monte Dunes. City of Monterey v. Del Monte Dunes at Monterey, Ltd. , Kristin Krebs

Marketing Green to Grab Green: FTC More Aggressive in Pursuit of Unsubstantiated “Environmental” Marketing Claims, Bradley D. Medcalf

May the EPA Condition Approval of State Proposals for Administering the NPDES on Adherence to Criteria not Enumerated in the Clean Water Act? American Forest & Paper Association v. EPA, William C. Ellis

MDNR's Toolbox for Encouraging Compliance: Title V Permits, Compliance Assurance Monitoring, Periodic Monitoring, the Credible Evidence Rule and Compliance Certifications , Robert J. Lambrechts

Mercury Rising? Fifth Circuit Applies Administrative Laws Retroactively Deep in the Heart of Texas. Sierra Club, Inc. v. Sandy Creek Energy Assoc., L.P., Kristen R. Michael

Meth Labs: "Cooking" up Environmental Disaster. U.S. v. Pinnow , Jennifer Wieman

Missouri Abolishes the Corroboration Rule and the Destructive Contradictions Doctrine: A Victory for Victims of Sexual Assault?, Kristen L. Stallion

Missouri and the Charter School Puzzle: A Story with an Uncertain Ending, Jillian Dent

Missouri Attorney General Enforcement Actions

Missouri Attorney General Enforcement Actions

Missouri Attorney General Enforcement Actions

Missouri Attorney General Enforcement Actions

Missouri Attorney General Enforcement Actions

Missouri Attorney General Enforcement Actions

Missouri Attorney General Enforcement Actions

Missouri Attorney General Enforcement Actions

Missouri Attorney General Enforcement Actions

Missouri Attorney General Enforcement Actions

Missouri Attorney General Enforcement Actions

Missouri Court Limits the Reach of the Pollution Exclusion, Kelly Gorman

Missouri Legislative Update

Missouri River Reservoirs in a Century of Climate Change: National or Local Resource?, John H. Davidson

Missouri's 303(d) List Now a "Rule": Is This Good for Missouri's Waters, Good for Agriculture, or No Good at All? Missouri Soybean Association v. The Missouri Clean Water Commission , Clare N. Murphy

Missouri's Coal Industry Under Fire: Has the Time Come for the Regulation of Missouri's Charcoal Producers?, John Ellis

Missouri’s School Transfer Law: Not a Hancock Violation but a Mere Bandage on Wounded Districts, Kimberly Hubbard

Missouri's Single-Subject Rule: A Legal Tool to Block Environmental Legislation? National Solid Waste Ass'n, et al. v. Director of the Department of Natural Resources, Harold Stearley

Municipal Incinerator Ash Regulated as a Hazardous Waste under RCRA: Costs and Options. City of Chicago v. Environmental Defense Fund, Jackie Hamra

Murky Waters: The Supreme Court's Decision on Navigability and It's Implications on Judicial Power. PPL Montana, LLC v. Montanta, Paul Conklin III

Narrowing Navigable Waters: The Fifth Circuit Limits Federal Jurisdiction under the Clean Water and the Oil Pollution Acts. In re Needham, Lorraine C. Friedlein Buck

Navigating the Health Insurance Exchanges: Will State Regulations Guide Consumers or Chart Them Off-Course?, Kirsten Dunham

NEPA's Procedural Requirements: Fact or Fiction? Kuff v. United States Forest Service , Brian LaFlamme

New Directions for the Missouri Attorney General's Office, Timothy P. Duggan

New EPA Rule Clarifies Lender Liability for Response Costs under CERCLA, but Is It Enough, Jon D. Perkins

Ninth Circuit Digs Deep When Reviewing Forest Service Decision. Ecology Center, Inc. v. Austin, Seth D. Oksanen

No Looking Back: The Western District Court of Appeals Declares That Missouri's Creation of a 303(d) List Does Not Qualify as Rulemaking. Missouri Soybean Association v. Missouri Clean Water Commission, Steven J. Blair

No PRP Left Behind: The Tenth Circuit Allows Non-Settling PRPs to Intervene as of Right in CERCLA Consent Decree Actions. United States v. Albert Investment Co., Katie Jo Wheeler

Nothing New Under the Sun: The Minimalism of Chief Justice Roberts and the Supreme Court's Recent Environmental Law Jurisprudence , Damien Schiff

Notice and Remedies in Copyright Licensing, B. J. Ard

Not Playing Games: Eighth Circuit's Response to CERCLA Contribution in Light of Aviall. Atlantic Research Corp. v. United States, Robert Cornejo

No, You Can't: The Ninth Circuit Says "No" to Change. Natural Resources Defense Council v. Environmental Protection Agency, R. Caleb Colbert

Obstacles to the Formation of Solid Waste Landfills in Missouri , Anthony P. Farrell

Off-Road and Into Court: The Tenth Circuit Appropriately Allows Environmentalists' Challenges to the Bureau of Land Management's Failure to Prevent ORV Impairment to Federal Lands. Southern Utah Wilderness Alliance v. Norton, Thomas Schmid

Of Judges, Law, and the River: Tacit Knowledge and the Judicial Role, Chad M. Oldfather

Of Square Pegs, Round Holes and Recalcitrants Lying in the Weeds: Superfund's Legal Lessons for Everglades Restoration , Alfred R. Light

Omnes Vulnerant, Postuma Necat; All the Hours Wound, the Last One Kills: The Lengthy Stay on Death Row in America, Mary Elizabeth Tongue

One Little Word can Make all the Difference: Literal Interpretation Leads to Lake Destruction. Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, Jessica Adams

On the Basis for Creation of a New Method of Defining International Jurisdiction in the Arctic Ocean, Barry Hart Dubner

Opening Remarks, October 4, 2013 Symposium: Resolving IP Disputes: Calling for an Alternative Paradigm, James Levin

OSHA - What's New at a Twenty-Something Agency: Workplace Environmental Hazards, JoAnne Levy

Painting a Historical Picture of Pollution Exclusion Clauses: Courts Should Enforce Clauses as Written. Hartford Underwriters Insurance Co. v. Estate of Turks, Kelly Shamel

Paper or Plastic? The Importance of Effective Environmental Review of Ordinances Regulating the Use of High Consumption Consumer Products. Save the Plastic Bag Coalition v. City of Manhattan Beach, Chris Strobel

Past Is Prologue: Recent Carbon Regulation Disputes in Europe Shape the U.S. Carbon Future , Cameron Ferrey and Steven Ferrey

Patent Prosecution as Dispute Resolution: A Negotiation between Applicant and Examiner, Jaron Brunner

Photo Identification at the Ballot: Election Protection or Voter Suppression?, Sean Milford

Pig in a Poke: Missouri Draws Tenuous Line between Public Health and Zoning Ordinances in Allowing County Regulation of Concentrated Animal Feeding Operations. Borron v. Farrenkopf, William C. Ellis

Plain Language Interpretation Gone Awry: The New Paradigm of Pesticides, Water Pollution, and the Inefficient, Ineffective Overlap of Statutory Schemes. National Cotton Council of America v. EPA, Michael C. Risberg

Plurality Influence: Reed Elsevier and the Precedential Value of Bazzle on Class Arbitrability, Kevin P. Sack

Point: A Self-Evaluation Privilege Will Enhance Environmental Compliance in Missouri , Bradley S. Hiles

Possession is not Nine-Tenths of the Law: An Exploration of the Ninth Circuit's Decision in San Pedro Boatworks. City of Los Angeles v. San Pedro Boatworks, Trever Neuroth

Post-Kyoto Stress Disorder: How the United States Can Influence International Climate Change Policy , Derald J. Hay

Postponing the Inevitable: The Supreme Court Avoids Deciding Whether the Migratory Bird Rule Passes Commerce Clause Muster. Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, Tanya M. White and Patrick R. Douglas

Prairie Winds: A Look at Commercial Wind Farm Regulation Within Kansas. Zimmerman v. Board of County Commissioners of Wabaunsee County, Jonathan R. Austin

Preserving the Nation's Fisheries: Attempts to Take Away what the United States Granted the Indians. Midwater Trawlers Co-operative v. Department of Commerce, Haley M. Peerson

Press Freedom and Coverage in the U.S. and Kosovo: A Series of Comparisons and Recommendations, Ben Holden

Pressure to Plead: How Case-Management Mediation Will Alter Criminal Plea-Bargaining, Taylor C. Leonard

Private Attorney Generals Need Attorneys' Fees to Protect Our Environment. Ohio River Valley Environmental Coalition, Inc. v. Green Valley Coal Co., Hannah Tien

Private Cost Recovery Actions, Insurance Claims and the Missouri Underground Storage Tanks Fund, Sheldon D. Korlin

Probable Intent vs. Certainty: The Missouri Probate Court and the Uniform Probate Code, Stephanie Pierce

Probable Intent vs. Certainty: The Missouri Probate Court and the Uniform Probate Code, Lynsey Russell

Property Damage in the Environmental Context: When Contaminated Carbon Dioxide Contaminates Carbonated Drinks. National Union Fire Ins. Co. of Pittsburgh, P.A. v. Terra Industries, Inc. , Adam Kruse

Proposed Methodology for Developing a Groundwater Classification System in Missouri , Greg Moldafsky

Protecting Ecosystems Using Conservation Tax Incentives: How Much Bang do we get for our Buck?, Julia LeMense Huff

Protection of the Environment During Armed Conflict , Roman Reyhani

Protection of Traditional Biodiversity-Related Knowledge: Analysis of Proposals for the Adoption of a Sui Generis System , Eliana Torelly de Carvalho

Public Health and Safety Exception: Finding a "Position of Trust" Where None Exists. United States v. Snook, John R. Griffith

Public Injunctions as a Way around Concepcion: California's Continued Resistance to the Federal Arbitration Act, Elizabeth Kiesewetter

Real Results for the Real World: Steve Mahfood Brings his Experience and Philosophy to the Missouri Department of Natural Resources , Andrea Mazza

Reassessing "Overfiling"--Can the EPA Punish Violators under RCRA when a State has Already Taken Action? United States v. Power Engineering Co., Adam Kruse

Recent Environmental Law News

Reckoning with Rapanos: Revisiting "Waters of the United States" and the Limits of Federal Wetland Regulation , Jonathan H. Adler

Reconceptualizing Environmental Challenges—Is Resilience the New Narrative?, Melinda Harm Benson

Recovery of Monitoring Costs Under the OPA: Money for Nothing. United States v. Hyundai Merchant Marine Co., Ltd., Shannon N. Vahle

Recreational Use of Watercourses, Peter N. Davis

Redefining CERCLA Arranger Liability: Making the Responsible Party Pay. United States v. TIC Investment Corporation , Marc D. Poston

Refining Regulation: The Oil Refinery Regulatory Framework after the Energy Policy Act of 2005 , Christopher J. Koschnitzky

Reg. B Is No Guaranty: Missouri Courts’ Openly Divergent Views on the Enforceability of Coerced Spousal Guaranties in Commercial Lending, Alexander Hurst

Regulating Climate Change Risk at the Local Level - The Denver Experience: Greenprint or Greenwash?, Romulo Silveira da Rocha Sampaio

Regulatory Takings: The Supreme Court Eliminates the Substantially Advances Test from Takings Jurisprudence. Lingle v. Chevron U.S.A. Inc., Darryl Chatman

Regulatory Takings - The Weak and the Strong, J. Patrick Sullivan

Reimbursement for Voluntarily Cleaning up Your Mess? The Seventh Circuit Says Yes under CERCLA. Metropolitan Water Reclamation District of Greater Chicago v. North American Galvanizing & Coatings, Inc., Nikki Mullins

Requiring Environmental Information Disclosure on the Deed: Shining the Light on Residential Transactions , Russell James III

Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, Kaeanna Wood

Restoring Tradition: The Inapplicability of TVA v. Hill's Endangered Species Act Injunctive Relief Standard to Preliminary Injunctive Relief of Non-Federal Actors , Brandon M. Middleton

Riding on the CERCLA-Cycle: Is the Third Circuit Backpedaling? E.I. DePont de Nemours & Co. v. U.S., Sheila Needles

Right-to-Farm Statute Runs a 'Foul' with the Fifth Amendment's Taking Clause. Bormann v. Board of Supervisors in and for Kossuth County, William C. Robinson

Rise of the Super-Legislature: Demanding a More Exacting Monetary Exaction, Theodore Lynch

Secular vs. Sacred: NEPA Again Proves to be an Ineffective Tool to Protect Sacred Land. Pit River Tribe, et al. v. United States Forest Service, et al., Joshua K. Friel

Setting a Better Standard: Evaluating Jail Officials’ Constitutional Duties in Preventing the Sexual Assault of Pretrial Detainees, Blair A. Bopp

Setting the Docket: News Media Coverage of Our Courts – Past, Present and an Uncertain Future, Gene Policinski

Settling Environmental Cleanup Cases with Multiple PRP's under CERCLA: If One Party Jumps off the Bridge in Favor of Settlement, You Should Follow. In re. Tutu Water Wells CERCLA Litigation, C. Travis Hargrove

Should Missouri Farmers of Genetically Modified Crops be Held Liable for Genetic Drift and Cross-Pollination?, Stephen M. Scanlon

“Sink or Swim Together”: How the Recent Challenge to California’s Fuel Regulations Could Have Wide-Reaching Effects, Patrick Logan

Snowmobiling in Voyageurs National Park: The Eighth Circuit Gives One Answer Amidst a Blizzard of Controversy. Voyageurs National Park Association v. Norton, Lindsay Counte

Solar Energy Policy in Canada: An Overview of Recent Legislative and Community-Based Trends toward a Coherent Renewable Energy Sustainability Framework , Kamaal R. Zaida

Sovereign Immunity and State Implementation Plans: The Success (or Failure) of Citizen Suits under the Clean Air Act. Sierra Club v. Tennessee Valley Authority, Natalie M. Brinkholder

Standing Alone: The Fight to Get Citizen Suits under the Clean Water Act into the Courts. Ailor v. City of Maynardville, Ben McIntosh

Standing for Potentially Responsible Parties under Sec. 107 and 113 of CERCLA: Laidlaw Waste Systems Inc. v, Mallinckrodt Specialty Chemicals , Edward S. Stevens

Stand with Sam: Missouri, Survivor Benefits, and Discrimination Against Same-Sex Couples, Lesley A. Hall

State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, and B. Cory Lee

State Sponsored Global Warming Litigation: Federalism Properly Utilized or Abused?, Joseph Forderer

Stop the Beach Renourishment: Why Judicial Takings May Have Meant Taking a Little too Much. Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, Rachel S. Meystedt

Storage Portfolio Standards: Incentivising Green Eenrgy Storage, Victoria Johnston

Striking the Right Balance: The Contrasting Ways in which the United States and China Implement National Projects Affecting the Environment , Pamela Howlett

Suing Pesticide Manufacturers?: Federal Preemption Still Prevails in the Eighth Circuit. Netland v. Hess & Clark, Inc., Bridget Romero

Suit Up!: Favoring Lenders Over Borrowers, Eighth Circuit Requires Lawsuit Commencement to Effect TILA Rescissions, Timothy M. Guntli

Super Crops or a Super Problem? The Battle over Bt Corn. Monsanto Company v. Bayer Bioscience N.V., Lee Stockhorst

Supreme Court Decision Allows the EPA to Flex its Muscle and Trump State Permitting Authorities. Alaska Department of Enrivonmental Conservation v. Environmental Protection Agency, Patrick A. Bousquet

Supreme Court Decision on Juvenile Sentencing Results in Cruel and Unusual Difficulties for Missouri, Andrew Peebles

Sustainability as a Means of Improving Environmental Justice, John C. Dernbach, Patricia E. Salkin, and Donald A. Brown

Sustaining a Jurisdictional Quagmire (?): Analysis and Assessment of Clean Water Act Jurisdiction in the Third Circuit. The United State of America v. Donovan, Ryan Niehaus

Swing and a Miss: The Missouri Court of Appeals Attempts to Interpret Delaware Corporation Law. HCI Investors, LLC v. Fox, David Ferguson

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents - Issue 1

Table of Contents - Issue 1

Table of Contents - Issue 1

Table of Contents - Issue 2

Table of Contents - Issue 3

Table of Contents - Issue 4

Taking Claims: Are the Federal Courts Truly Open? John Corporation v. City of Houston, Joel Block

Taking Criminal Liability of Negligent Actors One Step Too Far. United States v. Hanousek, Tanya White

Taking on Water: The Supreme Court Rejects a Temporary Flooding Exception to Fifth Amendment Notes, Elizabeth Judy

Takings Care of Business: Using Eminent Domain for Solely Economic Development Purposes, Garreth Cooksey

Taking Words for Granted: Why Congress Should Expressly Define Terms within the ESA's Takings Provision, Douglas T. Cohen

Tax Benefits, Property Rights, and Mandates: Considering the Future of Government Support for Renewable Energy, Alexandra B. Klass

Terrorist Attacks & NEPA: The Third Circuit Creates a Split in Authority. New Jersey Department of Environmental Protection v. NRC, Thomas C. Smith

The Application of RFRA to Override Employment Nondiscrimination Clauses Embedded in Federal Social Services Programs, Carl H. Esbeck

The Art, Craft, and Future of Legal Journalism: A Tribute to Anthony Lewis , Richard C. Reuben

The Beans of Wrath: Genetic Patent Holders Reap Further Protection. Monsanto Co. v. Bowman, Burke Binbeutel

The Bush Administration's Attack on the Environment; Target: NEPA's Environmental Impact Statement, Whitney Deacon

The Case Against Smoking Bans, Thomas A. Lambert

The Clean Air Act's Accidental Release Program: An Overview, Robert J. Lambrechts

The Continuing Burden of Short-Sighted Nuclear Waste Policy. Dominion Res., Inc. v. United States, Mark D. Godfrey

The Controversial Cormorant: The Second Circuit Defers to Agency Interpretation. Fund for Animals v. Kempthorne, Abbie Hesse Rothermich

The Cost of Cutting Agricultural Output: Interpreting the Capper-Volstead Act, Alison Peck

The Dialects and Dimensions of Sustainability, Nancy D. Perkins

The Door Finally Opens to Challenge Agency Decisions That Affect the Environment. Board of County Commissioners of Sumner County v. Bumby, Erin P. Seele

The Effect of Deminimis Polluting in the Sixth Circuit. Kalamazoo River Study Group v. Rockwell Intl. Corp. , Gary A. Troxell

The Effect of Wetland Restoration Agreements under the Swampbuster Act. Branstad v. Veneman, Laurie J. Widenhoff

The Equity Illusion of Surface Ownership in Coalbed Methane Gas; The Rise of Mutual Simultaneous Rights in Mineral Law and the Resulting Need for Dispute Resolution in Split Estate Relations , LoValerie Mullins

The Government Always Wins: The Government can now Recover Certain Oversight Costs under CERCLA Sec. 107. United States v. E.I. DuPont de Nemours and Company, Inc., Erin C. Bartley

The Hancock Amendment and the Increasing Burden on Missouri Environmental Programs. Missouri Municipal League v. State , Matthew D. Turner

The (Hot) Dog Days of Summer: Missouri’s “Baseball Rule” Takes a Strike, Ross H. Freeman

The Importance of the Geographic Origin of Agricultural Products: A Comparison of Japanese and American Approaches , Daisuke Kojo

The Lack of Mold Legislation: A Recipe for Disaster, Leticia M. Diaz

The Midwest Interstate Low-Level Radioactive Waste Compact: Its Status in Light of New York v. United States and the Low-Level Radioactive Waste Policy Amendments Act of 1985 , Wendy Hickey

The Missouri River Compromise: Negotiated Rulemaking as a Suggested Resolution to the River Basin Dispute, Marya Kathryn Lucas

The Negotiation Within: The Impact of Internal Conflict Over Identity and Role on Across-The-Table Negotiations, Robert C. Bordone, Tobias C. Berkman, and Sara E. del Nido

The Nile Basin Cooperative Framework Agreement: The Beginning of the End of Egyptian Hydro-Political Hegemony, Abadir M. Ibrahim

The Ninth Circuit's "Take" on Incidental Take Statements: A Step in the Wrong Direction? Arizona Cattle Growers' Assn. v. U.S. Fish & Wildlife, Bureau of Land Mgt., Daron G. Garey

The North American Agreement on Environmental Cooperation: A Summary and Discussion, Daniel D. Coughlin

The Path to Antitrust Success Against the NCAA Is More Limited Than You Think, Keith Starr

The Polluter in Bankruptcy: Obligations that "Run with the Waste." Torwico Electronics, Inc. v. State of N.J. Dep't of Envtl. Protection (In re Torwico Electronics, Inc.), Theodore A. Kardis

The Public Entity End Run: Government Actor's Exception to Dormant Commerce Clause Considerations. United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Management Authority, Ryan Tichenor

The RCRA/CERCLA Debate: Application of State Standards at Federal Hazardous Waste Sites. United States v. Colorado, Alyse Hakami

The Reality of NEPA: Can the Act Realize its Potential. Great Rivers Habitat Alliance v. U.S. Army Corps of Engineers, Jennifer Wieman

The Regulation of CO2 Emissions Caused by Private Households - An Analysis of the Legal Situation in the European Union and Germany, Thomas Daniel Wuertenberger

The Relationship Between Standing and Intervention: The Tenth Circuit Answers by "Standing" Down. San Juan County v. United States, Eric S. Oelrich

There Must be a Better Way: The Unintended Consequences of Missouri’s Hancock Amendment. Zweig v. Metropolitan St. Louis Sewer District, Kimberly Hubbard

The Rigorous Romantic: Anthony Lewis on the Supreme Court Beat, Linda Greenhouse

The Road to Nowhere: The Ninth Circuit Upholds Nation-Wide Protection of Inventoried Roadless Areas in National Forests. California ex rel. Lockyer v. USDA, Danielle Hofman

The Saga of the Pollution Exclusion Clause: How a "Sudden" Change Occurred Gradually, Thad R. Mulholland

The Strong Arm of CERCLA: EPA Allowed Free Reign to Recoup Cleanup Costs. United States v. W.R & Grace, Inc., Amy L. Ohnemus

The Supreme Court Wades Through the Clean Water Act to Determine What Constitutes the "Waters of the United States." Rapanos v. United States, Lakshmi Lakshmanan

The Taking of the Delhi Sands Flower-Loving Fly: A Commercial Clause Challenge to the Application of Section 9(a)(1) of the Endangered Species Act. National Ass'n of Home Builders v. Babbitt, Stacy Nagel

The Times are They a-Changin'?: What Kivalina says about the State of Environmental "Political Questions." Native Village of Kivalina v. ExxonMobil Corp. , Michael A. Moorefield

The Wild and Scenic River Act's Mandatory Comprehensive Management Plans: Are They Really Mandatory? Newton County Wildlife Ass'n v. United States Forest Serv., Douglas L. McHoney

Third-Party Harms, Congressional Statutes Accommodating Religion, and the Establishment Clause, Carl H. Esbeck

Those Darn Little Bats: How the Endangered Species Act Halted Timber Salvage Harvests on National Forestland Once Again. Bensman v. United States Forest Service, Benjamin A. Joplin

“Throwing the Baby Out With the Bathwater”: Parenting Coordination and Pennsylvania’s Decisions to Eliminate its Use, Sophie B. Mashburn

Title VII Works - That's Why We Don't Like It, Chuck Henson

To Instruct, or Not to Instruct, That Is the Question, Jared Guemmer

To Intervene or Not to Intervene: The Right of Non-Settling PRPs to Intervene in CERCLA Litigation. United States v. Union Electric Co. , Erick Roeder

To Rule or Not to Rule: Ripeness as a Prerequisite to Ruling in Federal Regulatory Takings Cases. Hendler v. United States, Todd C. Werts

To Tell or Not to Tell: Latent Environmental Defects and the Doctrine of Caveat Emptor in Real Property Sales, Lisa J. Hamm Winnenauer

Towards a New Paradigm of Judicial Education, Mary R. Russell

True Access to the Courts for Citizens Working to Protect Natural Resources: Incorporating Attorney's Fees into the Minnesota Environmental Rights Act , Michael Wietecki

Turtle Power: The Ninth Circuit Avoids a Tragedy on the High Seas. Turtle Island Restoration Network v. National Marine Fisheries Service, Elizabeth P. McNichols

Two Tests of Severance: Procedural and Substantive Constitutional Violations and the Legislative Process in Missouri, Jonathon Whitfield

Unbridled Power and the Wild Horses and Burros Act. Fund for Animals, Inc. v. U.S. Bureau of Land Management, Amy Gleghorn

Uncommon Law: Ruminations on Public Nuisance , Richard O. Faulk

Unconstitutionality of the Missouri Legislative Veto: An Environmental Group's Effect on the Constitutional Landscape. Missouri Coalition for the Environment v. Joint Committee on Administrative Rules, Stephen Davis

Unwise Beats Uninformed: The Rock, Paper, and Scissors of NEPA Challenges, Amie Coleman

Upping the Ante: Fines for Ignoring EPA Information Requests Unlikely to Be "Excessive" in Sixth Circuit. United States v. Gurley , Jason M. Scherer

Upwind Battle: The EPA Tests the Limits of Its Statutory Authority again, An, Elizabeth Moeller

Victims of Substantiated Child Abuse: Missouri’s New Reasonably Ascertainable Creditors, Alice Haseltine

Waiving Good-Bye to Environmental Laws Along the Arizona Borderlands. Defenders of Wildlife v. Chertoff , Tana M. Sanchez

Washing Machines, Water Efficiency, and Federal Preemption: California's Quest to Regulate Water Consumption Under the EPCA. California Energy Commission v. Department of Energy , Kameron M. Lawson

Waste Not, Want Not: Low-Level Radioactive Waste and the United States' Need for a Revised System of Disposal. EnergySolutions, LLC v. Utah, Mark A. Abbott

Waste Not, Want Not: Upholding the Integrity of Interstate Compacts. State of Nebraska v. Central Interstate Low-Level Radioactive Waste Compact Commission, Kevin M. Johnson

Water, Water, Everywhere?: Legal Structures for the Contracting and Privatization of Public Water Resources , Aldo Davila and Andrew Whitford

“We Buy Houses”: A Foreclosure Rescue as the Solution to the Trapped Homeowner Equity Problem, Cori Harvey

“We Buy Houses”: Market Heroes or Criminals?, Cori Harvey

What Actions Cause One to be a Generator in Order to be Exempted from the Resource Conservation and Recovery Act? United States v. Sims Bros. Constr., Inc. , Leecia D. Carnes

What Does a Pallid Sturgeon Say when it runs into a Cement Wall? "Dam!" The Interminable Revision of the Missouri River Master Manual , Tim Garrison

What Does "Contamination" Mean? The Second Circuit's Approach to an Insurance Policy's Contamination Exclusion. Parks Real Estate Purchasing Group v. St. Paul Fire and Marine Ins. Co., Robert Cornejo

What Does Environmental Justice Mean in an Era of Global Climate Change?, Michael B. Gerrard

What Happened?: U.S. District Court Rules CERCLA Not Retroactive and Unconstitutional under the Commerce Clause. United States v. Olin Corp. , Mitch Burgess

What is the "Hard Look" that the Ninth Circuit is Looking for when Reviewing United States Forest Service Actions under NEPA? Native Ecosystems Council, et al. v. United States Forest Service, et al., Devin Kirby

What Judges Want and Need: User-Friendly Foundations for Effective Judicial Education, Duane Benton and Jennifer A.L. Sheldon-Sherman

What's in a Label? FIFRA Regulations and the Preemption of State Tort Claims of Label Misrepresentation. Indian Brand Farms, Inc. v. Novartis Crop Protection, Inc., Kristin R. Michael

What the Frack?! How Local Zoning Laws Keep Dangerous Mining Techniques off Our Property, Scott Martin

When Arbitration Agreement Provisions Time Travel: Illusory Promises and Continued At-Will Employment in Baker, Richard C. Byrd

When Does Unethical Become Criminal?: Interpreting the Gratuity Provision of 18 U.S.C. Sec. 201. United States v. Sun-Diamond Growers of California, Karen M. Linder

When Liability Can Attach for Remaining Passive: Construction of the Term "Disposal" under CERCLA. Crofton Ventures Limited Partnership v. G & H Partnership , Jason L. Cordes

When Policy Trumps the Text: How Ambiguous Statutes Allow the Courts an Opportunity to Further Congressional Intent. Cooper Industries, Inc. v. Aviall Services, Inc., Ben McIntosh

When the Clean Air Act Fails a Public Nuisance May Help. North Carolina ex rel. Cooper v. Tennessee Valley Authority, Kevin Dothager

Where are we going to put all of this Junk? The Ninth Circuit Dismisses an Attempt to Construct a Large Landfill in Southern California. National Parks & Conservation Association v. Bureau of Land Management, Aaron Sanders

Who's Footing the Bill for the Attorneys' Fees?: An Examination of the Policy Underlying the Clean Water Act's Citizen Suit Provision. Saint John's Organic Farm v. Gem County Mosquito Abatement District, Mary Cile Glover-Rogers

Why Only Gideon?: Martinez v. Ryan and the “Equitable” Right to Counsel in Habeas Corpus, Emily Garcia Uhrig

Why the Supreme Court has Fashioned Rules of Standing Unique to the Establishment Clause, Carl H. Esbeck

Wind Power and Patent Law: How the Enforcement of Wind Technology Patents May Lead to Restricted Implementation in the US, and Necessary Solutions., Chris Strobel

Winter Wonderland: Intervention, Endangered Species and Snowmobiling in Voyageurs National Park. Mausolf v. Babbitt , Rebecca Williams

Win the War but Lose the Battle: Is the Federal Government Liable for Waste Resulting from Private Production of Contracted for WWII-Era War Materials? U.S. v. Shell Oil Co., Allan Zugelter

With Liberty and Environmental Justice for All: A Decade at the Nuclear Regulatory Commission, Tyson R. Smith

Words Speak Louder than Actions: Ninth Circuit Narrows Exception to Plain Meaning Interpretation of SIP's. Safe Air for Everyone v. EPA, Ryan Westhoff

Writing Reasoned Decisions and Opinions: A Guide for Novice, Experienced, and Foreign Judges, S. I. Strong

You Can't Do That Anymore: Establishing and Limiting Nonconforming Uses in Missouri Zoning Law. Rose v. Board of Zoning Adjustment, Jeffrey R. Schmitt