Arizona Journal of Environmental Law & Policy, Volume 15 (2024-2025)

 

ABOUT THIS COLLECTION

The Arizona Journal of Environmental Law & Policy (AJELP) is an interdisciplinary online publication that examines environmental issues from legal, scientific, economic, and public policy perspectives. This student-run journal publishes articles on a rolling basis with the intention of providing timely legal and policy updates of interest to the environmental community.

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Recent Submissions

  • Codifying an Answer to the Major Questions Doctrine [Note]
    Roubik, Joshua (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024)
    The Major Questions Doctrine is among the newest tools in the Supreme Court’s toolbox to limit the executive branch. The Doctrine explains that agencies addressing issues of economic and political significance must have clear congressional authorization to do so. Critics of the Doctrine see it as a tool to wield whenever the Court disapproves of the actions of the executive, while proponents insist it is a necessity to maintain separation of powers. The Doctrine, however, will likely lead to a flood of cases arguing that an agency has acted without congressional authorization. Since environmental law functions through delegation to the executive branch, it will be an epicenter for major questions litigation. The clearest solution would be for Congress to amend each authorizing statute to explain the delegation’s bounds clearly. This solution is unlikely because of the political will and time required for such a task. This leads to the question: Could Congress amend all agency delegations at once to clearly authorize them to act in the face of major questions? Court precedent suggests that Congress would have to be precise with structuring such a statute and that Congress may not be able to legislate away the Major Questions Doctrine with one statute while staying within the constitutional boundaries of the legislative and executive branches. This Note determines whether Congress can circumvent the Major Questions Doctrine and whether such a statute would require so much structure that it would be impossible to navigate and functionally useless.

  • The Right Settlement? A Comparative Analysis of the 3M PFAS and Big Tobacco Settlements [Note]
    Moshkriz, Nicholas (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024)
    Per- and Polyfluoroalkyl Substances, collectively known as PFAS, are chemical substances that have been used in manufacturing for many years. However, exposure to the chemicals has been linked to negative health outcomes. Because of an increasing awareness of PFAS exposure, particularly through contaminated drinking water, more lawsuits have been filed, resulting in pricey settlements. Specifically, this Note assesses the 3M PFAS Settlement to determine if the settlement is effective in addressing the PFAS exposure issue around the country. To make this analysis, this Note compares the 3M PFAS Settlement’s key provisions with the Tobacco Master Settlement of 1998. This comparative analysis helps determine the strengths and weaknesses of the 3M Settlement based on the successes and mistakes of the Tobacco Master Settlement. After making the comparison, this Note concludes that the 3M PFAS Settlement is effective in providing financial support to water providers because of its clear purpose, direct payment to water providers, and stringent enforcement of payment regardless of whether 3M files for bankruptcy or is unable to pay. These are provisions that mark an improvement from the Tobacco Master Settlement. The 3M PFAS Settlement falls short in addressing the entire PFAS issue given the costs of cleanup and health effects overtaking the settlement price. Yet, the 3M PFAS Settlement should not be deemed a failure, especially if more settlements and lawsuits follow. This trend appears to be taking place, as many more lawsuits are being filed, especially regarding health issues. What specific provisions future settlements will entail is unclear, but the 3M PFAS Settlement can be seen as a critical stepping-stone to holding major chemical companies accountable by paying to protect society from further exposure.

  • The Impact of International Investment Law on the Right to Clean, Affordable, and Accessible Water [Article]
    Songy, Madeline; Merrill, Ella (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024)
    Water is necessary for the achievement of global sustainable development objectives and critical to sustaining life on earth. Economic activities, spanning from extractives development to water services privatization schemes, have critically impacted water resources, particularly in developing economies. While State governments endeavor to protect their water resources, regulate in the interest of their populations, or legislate to protect the environment, the current international investment law regime allows foreign investors to initiate arbitration alleging violations of investment treaties, such as inequitable treatment or expropriations of their investment projects. This arbitral process is outlined through investor-State dispute settlement (ISDS) provisions in investment treaties. This Article examines the contexts and outcomes of a number of current and past ISDS cases to outline how State efforts to ensure the right to clean, affordable water and protect its environmental resources have been compromised by ISDS. States, in implementing legislation and regulation in the interest of protecting water resources and achieving sustainable development, should consider the effects that ISDS and international investment law have on domestic rulemaking.

  • Table of Contents
    The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024