Article by: Steven Ferrey

In this article, Professor of law Steven Ferrey examines the intense legal and constitutional conflicts surrounding the Federal Energy Regulatory Commission's (“FERC”) Order 1920. The controversial regional electric transmission planning rule has triggered an unprecedented wave of state challenges over the vertical separation of powers. Ferrey details how the rule crosses the Supreme Court’s "bright line" dividing federal rate-setting from traditional state land-use and permitting authority. He argues that the Supreme Court’s major questions doctrine, established in West Virginia v. EPA, and its recent overruling of Chevron deference in Loper Bright v. Raimondo leave FERC's sweeping policy agenda with virtually no legal defense. This article also examines FERC Commissioner and future Chairman Mark Christie's opposition regarding the agency's constitutional overreach, which has given legal ammunition to challengers of the Commission’s recent order. Ultimately, Ferrey presents three pragmatic "work arounds" to bypass infrastructure delays and meet clean energy goals.

Note By: Samuel Larrabee

In this Note, Samuel Larrabee examines the escalating environmental and recreational crisis of overcrowding in America's national parks. With annual visitation surging past 92 million, tourists are disproportionately crowding into a handful of popular destinations, causing severe trail erosion and gridlock traffic. Larrabee argues that Congress missed a critical opportunity to address this crisis with the EXPLORE Act of 2025, which primarily focuses on expanding outdoor access rather than conservation. To manage overcrowding directly, he proposes delegating explicit interpretive authority to individual park managers—a strategy he argues remains legally viable even after Loper Bright v. Raimondo. This Note also explores indirect solutions, highlighting Utah's legal battles to challenge perpetual federal land ownership and transfer public lands to state control. Ultimately, Larrabee contends that more efficient state management would generate revenues to support local gateway communities and fund targeted campaigns to redirect tourists away from oversaturated parks.

Note By: Camille Grout

In this Note, Camille Grout examines the escalating global threat of antimicrobial resistance, warning that the overuse of medically important antibiotics in American livestock farming poses a severe risk to human health. She argues that the current U.S. legal framework is dangerously weak, pointing out that the sole federal statute on the issue lacks enforcement power and relies entirely on voluntary, non-binding guidelines. To illustrate a path forward, Grout highlights Sweden’s highly successful "One Health" approach, which utilizes binding laws and coordinated agency oversight to drastically reduce agricultural antibiotic use. To replicate this success, she outlines three distinct paths to integrate binding regulatory mechanisms into the U.S. legal system. These options include codifying the FDA’s existing voluntary guidelines, authorizing the national task force to recommend formal rulemaking, or passing a new statute that grants the FDA explicit regulatory power. Ultimately, Grout contends that transitioning to binding law is essential to close regulatory loopholes and protect the long-term efficacy of critical human medications.

Note By: Sarah Shepherd

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Note By: Madelyn Shelton

Note By: Chas Lundy

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Note By: Zachary Mathis

Note By: Thomas Fricker