Category: Issue 1
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Where the NHPA and NEPA Meet: Failures of the Nexus of EIS and Section 106 Analyses
Introduction Picture Alaska’s largest caribou herd, wild salmon, eleven major rivers, and Alaskan Native communities’ spiritual, cultural, and historic lands.[2] Now picture a 211 mile-long road cutting through that ecologically diverse landscape to reach a mining district that could put the entire area in peril with little to no economic gain.[3] That is the Ambler…
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COVID-19 Infects the Fishing Industry: The Rise of Illegal Fishing and the Waiver of Fishery Observer Requirements
INTRODUCTION In 2020, the COVID-19 pandemic upended the world as we knew it. COVID-19 impacted almost every aspect of society and the planet—even ocean ecosystems. As global economies sunk into recession, the demand for seafood persisted. Yet, fishing vessels served as perfect vectors for the novel coronavirus because their confined spaces increased transmission of the…
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Impact Fees, Bonding Reform, and Oil and Gas Development
Local and state governments use impact fees to pay for the costs of development. Impact fees improve economic efficiency by internalizing external costs such as the loss of open space and the increased truck traffic that compromises local public infrastructure. Colorado recently expanded the use of impact fees to cover the reasonably foreseeable direct…
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Why Colorado Should Evaluate Clean Water Act Section 404 Program Assumption
I. INTRODUCTION “The world hates change, yet it is the only thing that has brought progress.” – Charles Kettering[2] For over four decades, Colorado, like virtually every other state, has been content to allow the federal government to regulate the discharge of dredged and fill material into the waters within its borders. During this…
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Colorado’s SB 19-181 and the COGCC Rules are First of Their Kinds, yet Still Not Enough
Introduction It was April 2017 when a gas explosion destroyed a home in Firestone, Colorado and killed two people—brothers-in-law Mark Martinez and Joey Irwin.[2] The explosion was caused by a severed gas line, likely cut when the home was built years earlier.[3] In the investigation that followed, it was determined that non-odorous gas had…
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Sleight of Land: The Socioenvironmental Impacts of Global Land Trade in the International Investment System
Introduction Global land trade has become a subversive form of neocolonialism that obscures environmental exploitation and human rights abuses. It involves the importation and exportation of land in the international market through purchase or lease. Most of the land that is foreignized through this process is in the Global South.[2] Since the beginning of the…
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Tribal Consultation: Toward Meaningful Collaboration with the Federal Government
One of the bedrock principles of federal Indian law is a centuries-old understanding that the tribes, as “domestic dependent nations,” have a “government-to-government” relationship with the federal government, which has a trust obligation concerning the tribes, their sovereignty, and their cultural resources. Although this relationship was first judicially articulated in the nineteenth century, it was…