Great Lakes Law

The Volkswagen scandal and environmental law – guest post by Karinne Marcolini

The following guest post on the Volkswagen scandal is by Karinne Marcolini, an associate at Goren, Goren & Harris. Karinne is a recent graduate of Wayne Law, where she was president of the Environmental Law Society. While in law school, Karinne worked for the US EPA’s Gasoline Engine Compliance Center in Ann Arbor. She served in the compliance division, applying the Clean Air Act’s mobile-source regulations for vehicles, and thus has significant experience and expertise... Read more →

Paris Preview: How the New Global Climate Agreement is Shaping Up

Wayne Law is honored to host Elliot Diringer, Executive Vice President for the Center for Climate and Energy Solutions in Washington, D.C. He will be sharing insights on the upcoming negotiations on a new global climate change agreement. In December, world leaders will gather in Paris to negotiate an agreement to limit greenhouse gas pollution. Mr. Diringer offers an optimistic behind the scenes look at the Paris talks, previewing the policy issues and global politics... Read more →

Wayne Law student wins Environmental Law Institute’s Beveridge & Diamond writing competition for paper on state energy policy and the dormant commerce clause

Paul Stewart, a second-year student at Wayne State University Law School, has won the Environmental Law Institute’s national 2013-14 Beveridge & Diamond Constitutional Environmental Law Writing Competition. His winning entry, The Overlooked Vulnerabilities of State-Level Greenhouse Gas Regulations Under Pike Balancing and Possibilities for Addressing Those Vulnerabilities, assesses the viability of state regulations on greenhouse gas emissions in the face of legal challenges under the Dormant Commerce Clause, a legal doctrine that restricts states from... Read more →

Students working in Wayne Law’s Transnational Environmental Law Clinic challenging massive highway expansion in midtown Detroit

The following student post is by Patrick Tully (B.A., University of Massachusetts; J.D., Wayne State University Law School, expected 2014). While in law school, Patrick received a Wayne Law public interest fellowship to work with Massachusetts Department of Conservation, Office of the General Counsel. He also interned at the Michigan Court of Appeals and worked a large Michigan law firm, where he will be returning to practice this fall. Patrick was one of the Wayne... Read more →

New book announcement - Modern Water Law: Private Property, Public Rights, and Environmental Protections

My new book, Modern Water Law: Private Property, Public Rights, and Environmental Protections, has been published by Foundation Press and is available on Amazon. I was honored to work with two superb co-authors on this book - Robert Adler, Interim Dean and James I. Farr Chair in Law, and Robin Kundis Craig, William H. Leary Professor of Law, both at the University of Utah S.J. Quinney College of Law. Modern Water Law: Private Property, Public... Read more →

Interstate Groundwater Law in the Snake Valley: Equitable Apportionment and a New Model for Transboundary Aquifer Management

I’ve just posted a pre-publication draft of a forthcoming new article, “Interstate Groundwater Law in the Snake Valley: Equitable Apportionment and a New Model for Transboundary Aquifer Management." The article is co-authored by Benjamin L. Cavataro, a former student at the University of Michigan Law School. It will be published later this year in the Utah Law Review’s inaugural Environmental & Natural Resources Issue (volume 2013, number 6). The article builds on my invited lecture... Read more →

The Law of Adaptation to Climate Change: United States and International Aspects

The American Bar Association has just published The Law of Adaptation to Climate Change: United States and International Aspects. This massive volume (just under 900 pages), edited by Michael B. Gerrard and Katrina Fischer Kuh, has twenty-five chapters covering the landscape of legal issues regarding climate change adaptation. Here’s the publisher’s description: The laws that attempt to reduce climate change are well known. But what about laws to deal with the climate change that will... Read more →

New study predicts more moderate effects of climate change on Great Lakes water levels

A new study led by Dr. Brent Lofgren of the National Oceanic and Atmospheric Administration’s Great Lakes Environmental Research Laboratory offers a more moderate prediction of the effects of climate change on Great Lakes water levels. Previous studies indicated that climate change would result in significantly lower water levels in the Great Lakes due to increased air temperatures and higher rates of evapotranspiration. Most notably, a 2002 study (also led by Dr. Lofgren) reported that... Read more →

The U.S. Fuel Economy Standard “Deal” – Guest Post by Professor Brandon Hofmeister, Part 2

Energy law expert Professor Brandon Hofmeister of Wayne Law continues his guest post on the Obama Administration’s announced agreement on consensus fuel economy standards for U.S. cars and light trucks. For background on Professor Hofmeister and the first part of his analysis, see the prior post. Auto Politics Some have suggested that the reason the auto industry agreed to a fairly high standard for fuel economy was that they didn’t want to aggressively pick a... Read more →

The U.S. Fuel Economy Standard “Deal” – Guest Post by Professor Brandon Hofmeister

Buried in the national news about the debt ceiling fiasco during the last week of July was an announcement that the Obama Administration had reached an agreement with the State of California and a number of automakers on consensus fuel economy standards for U.S. cars and light trucks. These new standards will cover cars and light trucks for Model Years 2017-2025, requiring performance equivalent to 54.5 mpg in 2025. As Professor Brandon Hofmeister writes in... Read more →

U.S. Supreme Court holds that the Clean Air Act displaces federal common law claims regarding greenhouse gas emissions

Earlier this week, the U.S. Supreme Court issued a unanimous decision in American Electric Power (AEP) Co. v. Connecticut (8-0, with Justice Sotomayer recused) holding that the Clean Air Act displaces federal common law with regard to nuisance claims for alleged injuries from greenhouse gas emissions. While any decision from the nation’s highest court on our most complex and challenging environmental issue is worth noting, this ruling was expected and doesn’t really change the legal... Read more →

Interstate Water Compacts and Climate Change Adaptation

I’ve just published a new article – “Interstate Water Compacts and Climate Change Adaptation” in the Environmental & Energy Law & Policy Journal. As the name suggests, the article looks at the major interstate water compacts in light of expected climate change impacts on water resources. The article may also be a useful resource for water policy wonks, as it includes short summaries of every interstate water allocation compact (27 in all) and brief analyses... Read more →

Framing Water Policy in a Carbon Affected and Carbon Constrained Environment

With Prof. Robert Abrams, I’ve published a new article that focuses on the challenges for water management as climate change affects water resources and climate change mitigation policy affects water allocation decisions. The article, “Framing Water Policy in a Carbon Affected and Carbon Constrained Environment”, was published in a special Fiftieth Anniversary edition of the Natural Resources Journal (citation - 50 Natural Resources Journal 3 (2010)). Here’s the abstract, and the full article is available... Read more →