I. CONSTITUTIONAL, ADMINISTRATIVE AND TAX

The Missing Constitution

“The conservation movement at the beginning of the twentieth century had been a dramatic assertion of federal power over the landscape. The environmental movement that followed it, and in particular the nation of citizen enforcement, was a revolution. With laws like this, who needed a Constitution?”

Forward, Principles of Constitutional Environmental Law

ABA Section of Environment, Energy, & Resources, 2010 (James May, editor)

 

Standing On The Wrong Foot: A Case For Equal Protection

“The role of the courts in interpreting and applying environmental law is no accident.  Like it or not, on this major battleground between public and private interests, the courts are the place that both sides make their last and determinative stand.  When one side is handicapped in making that stand, we have a problem in equal protection.”

Full article at 58 Syracuse Law Review 1 (2007)

 

Things Fall Apart: A Constitutional Analysis Of Legislative Exclusion

“One notion that permeates all literature and experience, however, is that legislatures are places where elected representatives engage in a give-and-take that produces public policy.  They may appeal to reason, they may resort to blackmail, they may bully, exaggerate, conceal and lie, they may hate their counterparts and try to eliminate them from office, but they deal with each other. … This duty-to-deal is what distinguishes a legislature from a touch-screen television poll.”

Full article at 55 Emory Law Journal 1 (2005)

 

On The Limits Of Charity: Lobbying, Litigation, And Electoral Politics By Charitable Organizations Under The Internal Revenue Code And Related Laws

“The most sensitive issue remains: the role of religious charities in politics, and more specifically, in lobbying and electoral campaigns. To some, this involvement is necessary to fulfill the mission of their faith and to improve the world. To others, it is a large part of what’s wrong with the world.”

Full article at 69 Brooklyn Law Review 1 (2003)

 

Environmental Law And The General Welfare

“At the end of the day, is not General Welfare what environmental law is about?  Did we enact clean air standards in order to protect commerce?  Do we protect the Bald Eagle and the Delhi Sands Flower-Loving Fly in order to encourage trade in specimens?  Did the Civil Rights movement integrate lunch counters across the American South in order to facilitate the sale of hamburgers?  Do not these reasons trivialize the issue and ourselves?”

Full article at 36 19 Pace Environmental Law Review 675 (1998)

 

President X And The New (Approved) Decisionmaking

“What we have here is more than a recipe for review; it is a recipe for control. Few agencies are in a position to gainsay OMB, through which they must clear their budgets, manpower levels, and legislative proposals. … Few outside the agencies, whether the courts, the press, or the Congress, are able to identify or explain the rationale for what OMB has done. As one OMB reviewer has explained: ‘I don’t like to leave fingerprints.’”

Full article at 36 American University Law Review 535 (1987)

 

With Charity For All:

“In 1984, George Orwell’s famous description of a totalitarian society, one of the chief devices used to corrupt social values was the corruption of language. Peace became a state of continuous war. Truth-speak became lies. The corruption in this case is on less grand a scale but it affects one of the redeeming values, public charity, of a naturally self-interested world. If the ‘public interest’ has a meaning, it is as a value which transcends the places where private interests go. This is a meaning worth preserving.”

Full article at 93 Yale Law Journal 1415 (1984)

 

II. WATER, WETLANDS AND COAST

Cooperative Federalism, Nutrients, and the Clean Water Act: Three Cases Revisited

“The CWA’s idealistic and transcending goal, applicable to all of its parts, remains to “restore and maintain” the nation’s waters. America has still—with one entire industrial sector, one discrete set of pollutants, and one yet largely unfulfilled set of responsibilities—a long way to go. Cooperative federalism will help the nation get there. As we have seen, the opposite is also true.”

Full article at Environmental Law Reporter 10426 (2014)

 

The Clean Water Act Returns (Again): TMDLs And The Chesapeake Bay

“The Clean Water Act has emerged from an eight-year slumber. … The initiatives with the highest stakes, however, are playing out under a very old concept of the CWA, a concept that indeed predated it and led its predecessors to failure: ambient water quality standards. Ground zero is the forty million-acre watershed of the Chesapeake Bay, the largest water restoration project in America, indeed the world.”

Full article at 41 Environmental Law Reporter 10208 (2011)

 

TMDLs IV: The Clean Waters Act’s The Final Frontier

“It is not hard to imagine, were we starting from scratch and with the willingness of the 1972 Congress, measures even beyond national technology standards that could make significant inroads on nonpoint source pollution. … All have been responsibly suggested, and one might dream on. But when on wakes up, it is to the expense and indirection and friction of snail’s pace of TMDLs because they are the only game in town that nonpoint sources are required to play.”

Full article at 29 Environmental Law Reporter 10469 (1999)

 

TMDLs III: A New Framework for the Clean Water Act’s Ambient Standards Program

“No one statement or article can fairly capture the range of state responses on any issue, and so it is with TMDLs. … In these states (i.e., in most states), TMDLs arrive on the doorstep like a litter of stray cats—with many unpleasant requirements and little money to provide for them.”

Full article at 54 28 Environmental Law Reporter 10415 (1998)

 

TMDLs II, Are We There Yet?: The Long Road Towards Water Quality-Based Regulation Under the Clean Water Act

“The Achilles’ heel of water quality standards-based regulation has always been the difficulty of ascribing and quantifying environmental effects for particular discharge sources. There is always another possible source, or another possible reason, that the fish in Lake Pontchartrain are dying. … The question is whether we are also, for these same reasons, beyond the reach of law.”

Full article at 54 27 Environmental Law Reporter 10391 (1997)

 

TMDLs: The Resurrection of Water Quality-Based Regulation Under The Clean Water Act

“It is, perhaps, the oldest argument in environmental law. Assuming there is a consensus that some attention should be paid to the environment, there is no consensus on why, and, therefore, by whom and how. The root question is whether we are protecting the environment or managing it for our use. The question rose early to the national level in water pollution control.”

Full article at 54 27 Environmental Law Reporter 10329 (1997)

 

Federalism In Wetlands Regulation: A Consideration Of Delegation Of Clean Water Act Section 404 And Related Programs To The States

“Wetlands regulation may be the most controversial issue in environmental law. It pits America’s most biologically-productive and most rapidly-diminishing ecosystems against rights of private ownership and property development in more than 10,000 individual permit decisions a year, decisions not over-described by one regulator as a ‘tough, nasty business.’”

Full article at 54 Maryland Law Review 1242 (1995)

 

The Regulation of Toxic Pollutants Under the Clean Water Act

“The Clean Water Act prohibits the discharge of toxics ‘in toxic amounts.’ Therein lies its flaw. It presumes that we are able to determine what ‘toxic amounts’ are, and to act on that knowledge in the rare event we can make the call. Neither assumption is correct.”

Full article at 21 Environmental Law Reporter 10528 (1991)

 

Hard Choices: The Analysis Of Alternatives Under Section 404 Of The Clean Water Act And Similar Environmental Laws

“Section 404 is a bold experiment.  It has attempted to harness the energies of the Corps of Engineers with the instincts of the EPA.  It has attempted to stop the degradation of more than one hundred million acres of wetlands, the most important natural ecosystem in America and the most endangered.  It has sought to offset the economics of plowing under, filling over, and dredging through the cheapest land available for many enterprises and the most prized land available for others.”

Full article at 60 University of Colorado Law Review 773 (1989)

 

Ending The War: A Strategy To Save America’s Coastal Zone

“All over America, development is moving to the sea.  At the same time, on every coastline, the sea is moving in to meet it. … The best we have been able to do under current federal and state programs is to make trades and buy time. Over time, however, we will lose. It is the principle of cut flowers. With enough fresh water, they take longer to die.”

Full Article at 47 Maryland Law Review 358 (1988)

 

III.       BIODIVERSITY AND ENDANGERED SPECIES

Are Humans Part Of Ecosystems?

“The analogy is that humans are nice too, some of us are downright lovable, but we are into the Puppy Chow all the time. We are in over our eyeballs. This is true with every new subdivision we build in the floodplain and every new shoreline condominium. It is true with every tourist who drives to the Grand Canyon and cannot see the other side for the smog. It is not anti-dog or anti-human to say that we have to devise systems to keep ourselves out of the chow.”

Full article at 28 Environmental Law 1 (1998)

 

On The Law Of Biodiversity And Ecosystem Management

“Perhaps the most endearing story of the Bible is Noah’s Ark, in which we see that Noah–albeit with less than enthusiasm and good grace–saves the wildlife of the world.  From which we conclude that the God-Noah combination is not only impressively powerful but also, basically, compassionate. … In so concluding, we may have the point backwards.  What we miss is that Noah and his crew were saved too.  And the reason they were saved is that they were the ones who were carrying the animals.  The animals brought Noah home.”

Full article at 81 Minnesota Law Review 869 (1997)

 

Reflections On The Endangered Species Act

“The ESA is fundamentally in trouble because it challenges a horizon of federal beneficiaries that have successfully resisted all other proposals for change.  And because it challenges, for many Americans, their beliefs about themselves.”

Full article at 25 Environmental Law 689 (1995)

 

Why Do We Protect Endangered Species, And What Does That Say About Whether Restrictions On Private Property To Protect Them Constitute “Takings”?

“The idea that anyone, through the payment of money and the completion of other rituals, may dispose of the millions of living things that occupy his titled property, heedless of the role these things play in the life of everything around it, is an anachronism supportable only in a world ignorant of its dependence on all life, and in which its inhabitants could not imagine the major, even catastrophic impacts of human actions. The bell for this anachronism is tolling.”

Full article at 80 Iowa Law Review 297 (1995)

 

The Endangered Species Act and It’s Implementation by the U.S. Departments of Interior and Commerce

“The Departments of Interior and Commerce, the agencies primarily responsible for its implementation, have converted an act of specific stages and clear commands into an act of discretion.”

Full article at 64 University of Colorado Law Review 277 (1993)

 

The “Institutionalization of Caution” Under § 7 of the Endangered Species Act: What Do You Do When You Don’t Know?

“Section 7 of the Endangered Species Act is the conscience of contemporary environmental law. It requires us to look another form of life in the eye and make the explicit decision that this line of evolution should no longer continue.”

Full article at 12 Environmental Law Reporter 15001 (1982)

 

Judicial Review Under the Fish and Wildlife Coordination Act: A Plaintiff’s Guide to Litigation

“The problem of judicial review of Fish and Wildlife Coordination Act violations has been with us too long and for no persuasive reason. It may be that lawyers and courts have tended to read the title of the Act and conclude that mere “coordination” was all it contained; this would be a little like reading the title of the National Environmental Policy Act and concluding that “policy” was all it contained.”

Full article at 41 11 Environmental Law Reporter 50043 (1981)

 

IV. ENVIRONMENTAL POLICY

Worst Case and the Deepwater Horizon Blowout: There Ought to Be a Law

“There is a law. In fact, there are three laws that, jointly and severally, should have anticipated and provided measures to prevent and cope with the explosion of the drilling rig Deepwater Horizon. Instead, we have 11 deaths, 17 serious injuries, the release of an American record 2.6 million gallons of oil, an equivalent record for chemical dispersants, months of Mutt ‘n’ Jeff responses, enormous corporate losses, and the ensuing pain of the Gulf Coast region.”

Full article at 24 Tulane Environmental Law Journal 1 (2010)

 

How’d We Get Divorced?: The Curious Case of NEPA and Planning

“If the framers of the National Environmental Policy Act, the expert witnesses and agency personnel who testified on its behalf, the staffers who massaged and drafted it, the legislators who enacted it, and the president of the United States who signed it were to see NEPA today, in what regard would they be the most surprised and disappointed? … The biggest surprise might be the separation of environmental considerations from federal planning, which, per the legislative history, was the whole problem in the first place.”

Full article at 39 Environmental Law Reporter 10645 (2009)

 

Beauty and the Beast Within: On the Special Nature of Natural World Law

“In conclusion, it may be that the ultimate measure of an advanced civilization will not lie in what it built, but in what it did not build as well, and what it was willing, when things turned bad, to tear down. Our true maturity may involve the recognition that in many cases, the un-control of nature is the most civilized thing humans can do. We should begin.”

Full article at 82 Washington Law Review 611 (2007)

 

Tres Reflexiones Sobre El Derecho Ambiental En Estados Unidos

“El derecho civil se refiere a los daños de los particulares en su salud, sus bienes u oficios, por ejemplo, a los pescadores de Galicia hoy en día.… En cambio, el derecho ambiental está conformado de leyes públicas para la protección ambiental, siguiendo con el ejemplo, el método de transporte de petroleo o la gestión de la zona costera de Galicia. … A primera vista, los dos campos tienen poco en comun y pasan inadvertidos, como barcos en la noche. Sin embargo, la vida real es diferente.”

Full article at Andalucia Review of Public Administration, Abril / Mayo / Junio, 50 / 2003

 

Tales From A Troubled Marriage: Science And Law In Environmental Policy

“Every lawyer knows what “good science” is: the science that supports his or her case. All of the other science is bad. If you are opposed to something, be it the control of dioxins, global warming, or obesity, the science is never good enough.”

Full article at 17 Tulane Environmental Law Journal 163 (2003)

 

Environmental Law In Cuba

“It may be just a little presumptuous for the United States, whose practices of resource consumption and waste lead the world, to sit in judgment on the efforts of any other country towards sustainable development. Cuba’s laws may fail, but they may also lead to practices that have a far more balanced impact on the earth than those of their neighbors. It is too early to say.”

Full article at 16 J. Land Use & Environmental Law 1 (2000)

 

Of Bats, Birds And B-A-T: The Convergent Evolution Of Environmental Law

“Twenty years later, however, is also sufficient time to see a pattern in environmental law.  Despite the high rate of flux, we can reach preliminary conclusions as to which approaches succeed and which do not.  It is the thesis of this article that much of environmental law has converged around one approach, and that the success of this approach is in fact demonstrated by its imitation and use.  This, too, is nature at work.”

Full article at 63 Mississippi Law Journal 403 (1994)

 

Fifth Circuit Symposium

Environmental Law

“After Save Barton Creek Ass’n, highway projects will be better able to avoid environmental review until a stage when that review is no longer meaningful. After Corrosion Proof Fittings, the EPA will experience greater difficulty in regulating risks posed by toxic substances. In both cases, the Fifth Circuit loses sight of the woods for the trees.”

Full article at 38 Loyola Law Review 775 (1992)

 

Fifth Circuit Symposium

Environmental Law

“Within the jurisdiction of the Fifth Circuit lie some of the most abundant and productive natural resources in the world, and some of its more dramatic environmental problems. Gulf Coast waters are rich to the brink of legend in fish, waterfowl, and oil and gas reserves. The industrial corridors of southeast Texas and the Lower Mississippi River, on the other hand, lead the nation in air and water pollution and hazardous waste discharges. … In this setting, one would expect a high volume of environmental litigation and a leading contribution to the development of environmental law. One would be wrong.”

Full article at 37 Loyola Law Review 705 (1991)

 

V. LEGAL HISTORY

A. NATIONAL

More Unfinished Stories: Lucas, Atlanta Coalition, And Palila/Sweet Home

“Environmental protection is in few places achieved, many places threatened, and nowhere guaranteed.  Those who pronounce victory have a credibility problem.  Those who pronounce defeat have also spoken too soon. We are in the midst of an experiment in achieving massive social change through the use of law.”

Full article at 75 University of Colorado Law Review 331 (2004)

 

Unfinished Stories

“For some of us who practice, teach, and study law, there is something artificial about the reduction of a case like Overton Park or Storm King to a citation, to a snapshot from what was, in a very real sense, a life.  Gettysburg was more than who won and who lost.  So was Mineral King.  These battles came from places deep in the American psyche, conflicting places, and even when one side was declared victorious they were not over.”

Full article at 73 University of Colorado Law Review 867 (2002)

 

The Water, The Trees, And The Land: Three Nearly Forgotten Cases That Changed The American Landscape

“Several decades ago, a handful of cases confronted a stagnant, stalemated, and seemingly hopeless status quo, applied Statute A, broke through, and led to new Program B.  These courts did not legislate B. They did not even require B. But there is no doubt that the authors of the opinions knew what the consequences would be. They would be major. They would change the balance of power, entire industry practices, and the future of the American landscape.”

Full article at 70 Tulane Law Review 2279 (1996)

 

The Secret Opinions Of The United States Supreme Court On Leading Cases In Environmental Law, Never Before Published!

“In the final analysis, however, the significance of these materials does not hinge on their authenticity. It lies, instead, in what they show about the accidental nature of what we take for granted as legal rights and rules of law.  Had any of these cases arisen today, it is clear that they would have been decided quite differently. Here, but for the fortuity of other judges at other times, went environmental law. Right down the tubes.”

Full article at 65 University of Colorado Law Review 459 (1994)

 

V. LEGAL HISTORY

B. INTERNATIONAL

 

From Sacred Places: The Nikko Taro And The Taj Mahal

“On the one hand were Japanese beliefs based on reverence for history and the natural world. On the other hand were new beliefs in modernization and a public works machine impervious to any influence, one of the largest construction programs in the world. No one said “no” to the Japanese Ministry of Construction. Indeed, nobody said “no” to the Japanese Ministry of anything.”

Full article at 31 University of Hawaii Law Review 369 (2009)

 

A Case Of Sustainable Development: The River God And The Forest At The End Of The World

“In the early 1990s, when these projects came forward, Greece and Chile had little precedent for questioning government decisions on environmental grounds of any kind, much less notions of sustainability.  Both countries were emerging from military dictatorships that had kept civil freedoms and the judiciary on a very short leash.  Each had a protean environmental review process, but no clue as to how it would fare in a court of law.”

Full article at 44 Tulsa Law Review 275 (2009)

 

Light From The Trees: The Stories Of Minors Oposa And The Russian Forest Cases

“Worldwide, the struggle over the fate of trees has always been one between the heart and the bottom line. Most often the trees will yield, but not the idea of trees, and for this reason the development replacing them may be called something like The Oaks or Greenwood Forest. As cynical as these names appear, they also reflect the lingering power of an ancient bond.”

Full article at 19 Georgetown International Environmental Law Review 321 (2007)

 

O Canada!: The Story of Rafferty, Oldman, and the Great Whale

“The litigation was fierce and of first impression. It was surrounded by equally fierce politics and the passions of people so thoroughly convinced they were in the right that they did not need to explain. Environmentalists took to the streets; Crown and Provincial Ministers traded insults; First Nation tribes paddled a flotilla in protest down the Hudson River to the island of Manhattan; some people went to jail. Canadians then and since use words like ‘fiasco,’ ‘embarrassment,’ and ‘long litany of screw ups’ to describe the action.”

Full article at 29 Boston College International and Comparative Law Review 175 (2006)

 

V. LEGAL HISTORY

C. LOUISIANA

Shintech: Environmental Justice at Ground Zero

“And so it began, Shintech, the apple of the Governor’s eye and tangible evidence of his leadership, challenged by low income residents, many of them African-American, which raised emerging issues in environmental justice and, in turn, issues with the Governor going back a century. Also in the balance was the ability of small communities like convent, facing locked-in state decisions and some of the largest industries in the world, to receive assistance from law schools like Tulane. To Forster, deriding the Shintech opponents as “a bunch of housewives,” the answer was simple: “Tell them to use their own money, not Tulane’s.” As if they had such money. Everything about Shintech had a personal edge, and it never let down”

Full article at 31 Georgetown Environmental Law Journal 455 (2019)

The Vieux Carre Expressway

“The most surprising thing about the Vieux Carre Expressway is that it doesn’t exist.  Designed by America’s most celebrated urban planner and supported by the federal Bureau of Roads, the Louisiana Department of Highways, two Mayors, the City Council, the City Planning Commission, Dock Board, Army Corps of Engineers, Chamber of Commerce, surrounding parishes, leading banks, law offices, architecture firms, construction companies, trade unions, local media, and virtually every power center in or near New Orleans, it presented a solid front for a project that would in retrospect (but to very few at the time) would have crippled the city for all time.”  

Full article at 30 Tulane Environmental Law Journal 1 (2016)

Willow Springs:  A Louisiana Civil Action

“Back in the l960’s, when we knew so little about pollution, a young black woman up on the Willow Springs ridge had enough of it and rounded up a petition to close a wide-open, noxious and dangerous operation.  There was no relevant law behind her.  There were no authorities behind her.  There were no environmental groups within 150 miles, and none of them did toxins.  There was only disbelief, and worse, wherever she went for help.  She did not give up.  Others took up the fight.  The rest is still evolving.” 

Full article at 62 Loyola Law Review 237 (2016)

 

The Reckoning: Oil and Gas Development in the Louisiana Coastal Zone

“If no one in the oil business ever dreamed this was happening, it was not because people were not saying it was happening. It was because for decades, for over half a century, nobody wanted to hear it or act on it until fatally late in the game.”

Full article at 28 Tulane Environmental Law Journal 185 (2015)

 

The Battle of Lake Pontchartrain

“They found themselves in nearly a dozen venues, some concurrently, with no more resources behind them than it would take to put on a good wedding. These were not easy cases, and they were up against an industry that saw its life on the line. Lloyd’s of London would not have backed their chances to prevail. They went forward.”

Full article at 26 Tulane Environmental Law Journal 1 (2012)

 

Breaking The Golden Rule: Judicial Review Of Federal Water Project Planning

“The answers to these questions, so fundamental to water resources development in the United States, are as contentious and unresolved as they were nearly two centuries earlier when they first arose. In the 1970s, this case and others began challenging water projects so doubtful that they were difficult to defend on any ground, this time under a President with no use for Corps manipulations. They became an open war.”

Full article at 65 Rutgers Law Review 1 (2012)

 

Rescuing Ophelia: Avoyelles Sportsmen’s League And The Bottomland Hardwoods Controversy

“It was a scene from Dante’s Inferno. Few would have imagined it was taking place in a wetland. Fewer still that it violated, of all things, federal water law. No one could have predicted it would lead to hard-fought litigation pitting federal agencies against each other on the ground, in a small courtroom in Alexandria, Louisiana and in government halls across Washington D.C. And, at the end of the day, recalibrate the balance of power in water resources development.”

Full article at 81 Mississippi Law Journal 1473 (2012)

 

Save Ourselves: The Environmental Case That Changed Louisiana

“You can drive the interstate from New Orleans to Baton Rouge, Louisiana in about an hour, or you might take the River Road. In that same hour’s time you will emerge from cane fields and chemical plants into the town of Burnside; its stores, a school, and a row of frame houses. Out across the way is an old slave quarters converted to a restaurant called The Cabin and run by a family named Robert. But for the Roberts, you would also be driving by the largest hazardous waste disposal facility in the state, perhaps the country. Or, as the Governor claimed, the world.”

Full article at 72 Louisiana Law Review 409 (2011)

 

VI. LOUISIANA ISSUES

Hurricane Katrina And Flood Protection: Lessons Unlearned

“The malfeasance was pandemic. … It was the story board for a Gilbert and Sullivan production or Saturday Night Live. Only, people died. None of the above, furthermore, explains how this could have come to pass for an operation directed by one of the proudest branches of the American military, the mother agency for development in South Louisiana, the U.S. Army Corps of Engineers.”

Full article at 52 Loyola Law Review 1247 (2007)

 

Retaking The Exam: How Environmental Law Failed New Orleans And The Gulf Coast South And How It Might Yet Succeed

“They call for a new perspective on ourselves and our relationship to where we live.  They suggest new ways of making decisions that have historically been balkanized into small locations, single-mission agencies, and individual politicians whose primary interests have much more to do with handing out favors than with managing a landscape.”

Full article at 81 Tulane Law Review 1059 (2007)

 

Can We Save New Orleans?

“On Sunday, November 20, 2005, the television program “60 Minutes” aired a piece on New Orleans in which a geology professor from St. Louis predicted the unthinkable: that at current rates of subsidence and land loss, the city had about 80 years to live. It would at that point be about 15 feet below sea level, and protected by gigantic levees 50 feet tall, and more. Hurricane force rains could even alter the course of the Mississippi River. It was time to think about a gradual retreat.”

Full article at 19 Tulane Environmental Law Review 1 (2006)

 

This Side Of Heresy: Conditioning Louisiana’s Ten-Year Industrial Tax Exemption Upon Compliance With Environmental Laws

“On a cold percentage basis, more men and women die of cancer in Louisiana than almost anywhere else in the country. The rates are soaring, and they are soaring highest in the well-defined corridor of companies that are violating pollution control laws with regularity and are regularly receiving millions of dollars in ten-year exemptions. Louisiana deserves better.”

Full article at 61 Tulane Law Review 289 (1986)

 

Rising Water: The National Flood Insurance Program And Louisiana

“On this doubtful terrain—wetland, sinking, and wide open to the Gulf of Mexico—are new subdivisions with such visionary names as ‘Oak Ridge,’ ‘Highland Street,’ and ‘Mount Rushmore Drive.’ These same names in the California Desert would indicate the prevailing sense of humor. In South Louisiana they indicate an attitude about flood control that has had more sober consequences.”

Full article at 60 Tulane Law Review 61 (1985)

 

Land Loss In Coastal Louisiana: Causes, Consequences, And Remedies

“Were the State of Texas to make an annual raid across the Louisiana border to take fifty square miles of real estate there would be a rather strong response.  The response to coastal subsidence has been, to say the least, more measured. … The oil and gas industry, sponsor of a canal system of its own through the coastal region even larger than that of the Corps of Engineers, has yet to acknowledge a role in the problem at all.”

Full article at 58 Tulane Law Review 3 (1983)