The world continues to step into space, but the rise of a commercial space tourism industry threatens our planet's climate.  The most recent research suggests that even a conservative estimate of the number of rocket launches possible in the coming years and decades will drastically affect the earth's climate.  Neither space law nor current environmental law respond sufficiently to the environmental threat posed by the nacent space tourism industry.  This Field Report discusses the threat and the United States' opportunity to problem-solve at the industry's birth, before the damage is done.

This past November, the Supreme Court declined to hear the case Friends of the Everglades v. South Florida Water Management District.  That case was the first in which a federal appeals court accepted the "unitary waters" theory, an interpretation of the Clean Water Act that treats all bodies of water in the United States as a single body.  This Field Report discusses the background and aftermath of the Bush administration's adoption of the unitary waters theory.  Although Friends of the Everglades was a troubling development, subsequent decisions have limited the damage.

The Third and Ninth Circuits are split as to whether the Nuclear Regulatory Commission is required to analyze the environmental impacts of a terrorist attack on a nuclear facility.  This Field Report explores possible reasons (beyond the rather obvious observation that the courts disagreed regarding the applicable law) why the Third Circuit believed it to be appropriate to split with the Ninth Circuit and exclude the public from participating in the NRC’s consideration of an issue vital to public security.

Pollution from pharmaceutical end products is a widespread and under-regulated source of environmental contamination.  This Field Report examines the regulatory framework currently in place and its limitations and suggests that: (1) more detailed chemical analyses should be required on pharmaceutical pollutants, (2) infrastructure improvements on wastewater treatment should be made, and (3) short-term mitigation steps are possible through increased regulation of medical facilities.   

America’s regulation of toxic substances through the Toxic Substances Control Act (“TSCA”) should be reformed to require greater testing and disclosure of information about chemicals, and to allow EPA to more easily regulate these substances.

 The apportionment formula originally used by the district court and upheld by the Supreme Court in Burlington Northern cannot be justified mathematically and, in fact, drastically distorts a defendant's true share of liability.