By Brendan Selby This Comment discusses the ongoing litigation arising from the oil spill around the Deepwater Horizon rig. In particular, it analyzed the causation standard for claims for pure economic loss against the background of maritime common law and OPA’s economic loss provision, which most courts have found to eschew the common law pure economic loss rule. Following … [Read more...] about In re: Oil Spill by the Oil Rig “Deepwater Horizon”
state law
When Perpetual is Not Forever: The Challenge of Changing Conditions, Amendment, and Termination of Perpetual Conservation Easements
By Jessica E. Jay As the use of perpetual conservation easements to protect private property for the public’s benefit grows in popularity, so grow the challenges associated with these perpetually binding promises. Today’s conservation community faces significant challenges to amending and terminating perpetual conservation easements in the face of changing conditions, … [Read more...] about When Perpetual is Not Forever: The Challenge of Changing Conditions, Amendment, and Termination of Perpetual Conservation Easements
The Dormant Commerce Clause and Water Export: Toward a New Analytical Paradigm
By Christine A. Klein Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska ex rel. Douglas. Determining that groundwater is an article of … [Read more...] about The Dormant Commerce Clause and Water Export: Toward a New Analytical Paradigm