Articles


This is Adaptation: The Elimination of Subsidies Under the National Flood Insurance Program

By: Sarah Fox The oceans are rising.  Amid any remaining debates about climate change and its relation to human activity, this fact appears unassailable.  “Records and research show that sea level has been steadily rising at a rate of 1 to 2.5 millimeters (0.04 to 0.1 inches) per year since 1900,” and since 1992, new methods of measurement show a “rate of rise of 3 millimeters (0.12 inches) per year.”   Changing climatic conditions have led to an increase in the temperature of ocean water and consequent expansion in its volume.  That rise in temperature has also led to the melting of polar ice caps, adding water to the ocean.   At the same time, the changing climate has resulted in more frequent extreme hurricanes.  And higher sea levels increase the risk these storms pose to coastal communities at a time when such communities are growing rapidly in the United […]


Flowback: Federal Regulation of Wastewater from Hydraulic Fracturing

By: Jeffrey M. Gaba A variety of production techniques, including hydraulic fracturing (“fracking”), have opened new reserves of natural gas from unconventional sources in the United States.   The resulting growth of natural gas production in the last decade has dramatically altered the U.S. energy picture.   Increasing supplies of natural gas have lessened reliance on coal for electricity generation, and the United States may be poised to be an exporter of natural gas.  This Article addresses issues associated with federal regulation of fracking wastewater under RCRA and the CWA.   Part I discusses the fracking process and current federal regulation of the fracking process itself under the Safe Drinking Water Act.  Part II addresses the potential adverse environmental impacts of fracking wastewater, as well as the management and disposal options currently employed within the industry. Part III discusses issues associated with EPA’s exclusion of this wastewater from classification as […]