The Michigan Journal of Environmental & Administrative Law Blog, published by the University of Michigan Law School, focuses on issues at the intersection of environmental and administrative law. It covers topics such as regulatory developments, administrative procedures affecting environmental policy, challenges to agency rulemaking, and the legal implications of environmental protection efforts. The blog discusses federal and state regulatory actions, judicial decisions impacting administrative agencies, and emerging environmental concerns like chemical contamination and energy market regulations. It also addresses the balance between environmental goals and administrative law constraints, providing analysis of legislative and judicial trends relevant to environmental governance.
Standing Water: Great Lakes States’ Wetlands Protections Post-Sackett
Jay Gerber
The Supreme Court’s Sackett ruling profoundly changed how the Environmental Protection Agency and the United States Army Corps of Engineers enforce America’s premier water resource protection statute, the Clean Water…
Dam Near Disaster: The State of Michigan’s Aging Dam Infrastructure
Max Stoneman
I. INTRODUCTION
On May 19, 2020, the Edenville Dam failed, causing catastrophic flooding in Midland, Michigan.[1] More than 11,000 residents were displaced from their homes along the…
Montana v. Held: Do Green Amendments Truly Promise Environmental Protection?
Eliza Kreske
Introduction
As federal climate action has remained inconsistent and politically volatile, advocates have increasingly turned to state constitutions as another avenue for environmental protection. The following analysis examines…
Logged In, Left Behind: Why FERPA Cannot Keep Up with AI in the Classroom
Abigail Clarke
In Austin, Texas, some fourth graders no longer have teachers. Instead, they log onto an AI-driven platform called 2 Hour Learning, which guides them…
Leveraging Hot Rocks for a Cooler Planet: Reducing Administrative Barriers to Geothermal Energy Production
Martin Koch
The power of the Earth’s internal heat reserves is strikingly apparent to anyone who has visited a mesmerizing volcanic lava flow in Hawaii, felt…
Locked Out of Public Land: The Legal Puzzle of Corner Crossing
Julia Gavilondo
Litigation over corner crossing, moving between adjoining parcels of public land at a shared corner without actually touching private property, has surfaced a long-brewing access crisis on…
PFAS Regulation Under the Second Trump Administration: Is PFAS Political?
Gabi Mosey
The second Trump Administration has created new policies regarding polyfluoroalkyl substances, or substances more commonly known as “PFAS.” The Administration’s new environmental policies have been varied, but as…
When ‘Strict’ Isn’t Enough: Michigan’s Mining Laws and the Copperwood Controversy
Ally O’Neill
Nestled along the shores of Lake Superior in the Western Upper Peninsula of Michigan is Porcupine Mountains Wilderness State Park. The park includes one of the largest…
A Tale of Two Penalties: Impact of SEC v. Jarkesy on IRS Penalty Litigation
Minnalou Boadu-Bennett
Securities and Exchange Commission v. Jarkesy expanded the scope of monetary penalties that may require Article III adjudication.[1] There, the Supreme Court held…
