Environmental Law

Florida Preemption of Local Environmental Ordinances

Parker Watts

Abstract This Note addresses the battle between Florida legislators and local governments over the environmental ordinances local governments can enact. Florida state legislators and private industries have frequently used the preemption doctrine to strike down local governments’ environmental ordinances. This Note looks at three areas where that battle is currently taking place or is expected […]

Relative Administrability, Conservatives, and Environmental Regulatory Reform

Written by: Blake Hudson

Abstract Both critics and supporters of federal environmental law have called for its reform. Conservative scholars and policy makers in particular have called for reform due to the size, scope, and cost of the federal environmental bureaucracy. To date, however, conservatives have implemented few successful alternative environmental protection policies addressing the subject matter of federal […]

Policing Federal Supremacy: Preemption and Common Law Damage Claims As a Ceiling Regulatory Floor

Written by: Sam Kalen

Abstract This Article challenges conventional accounts of whether those who drafted the 1970 Clean Air Act intended to preempt state common law claims for nuisance. Neither those who advance robustly deploying the common law to arrest air emissions nor, conversely, those who claim that common law suits would disrupt the air regulatory program appreciate the […]

Stephen McCullers, A Dangerous Servant and a Fearful Master: Why Florida's Prescribed Fire Statute Should be Amended

Fire will not be denied its opportunity to burn through Florida’s forests. The citizens of Florida, however, can accept the responsibility of deciding how the forest will burn. Fire can be purposefully ignited under exact weather conditions, acting as a controlled but dangerous servant with a slim chance of escape or harm. Or, if Floridians […]