Category: Volume 31
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A Sustainable Olympic Games: Applying the NEPA Framework to Reevaluate Olympic Site Selection
Introduction In the late nineteenth century, Pierre de Coubertin proposed the revival of the Olympic Games, which came to life in 1896 as the modern Olympic Games in Athens, Greece.[2] The widely popular ancient Olympic Games ceased in 393 or 394 A.D., when Roman Emperor Theodosious I rejected them as a celebration of…
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In Furtherance of National Interest or a Pirate’s Blockade?: The Effect of the Trade War on the U.S. Steel, Aluminum, and Solar Industries
Abstract Much like a pirate blockade, trade wars and tariffs slow commerce and can hurt certain industries. The current United States trade war with China has created economic stressors in the steel, aluminum, and solar industries. This Note will examine the history of tariffs in the United States and the powers of the president to…
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An Odd Way to Read a Preemption Statute: The Atomic Energy Act, Virginia Uranium, and the Diné Natural Resource Protection Act
Introduction On November 5, 2018, the United States Supreme Court heard arguments for Virginia Uranium, Inc. v. Warren,[2] in which a would-be uranium-mining company challenged Virginia’s thirty-year-old uranium mining ban[3] as preempted under the Atomic Energy Act (“AEA”).[4] The AEA, which governs federal regulation of nuclear materials and technology, expressly exempts uranium mining from…
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Observer Participation in International Climate Change Decision Making: A Complementary Role for Human Rights?
Abstract Parties to the United Nations Framework Convention on Climate Change (“UNFCCC”) have acknowledged the need to further enhance the effective engagement of observer organizations as the UNFCCC process moves towards implementation of the Paris Agreement. This Article explores whether and how international human rights law could complement climate law to enhance observer participation…
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When the Navajo Generating Station Closes, Where Does the Water Go?
Introduction In December 2019, the Navajo Generating Station (“NGS”) outside of Page, Arizona closed after nearly fifty years of operation. Commentary has focused on whether a new utility interest, or the Navajo Tribe itself, would take over operation of the plant. This Article, however, will examine what will happen to the 34,100 acre-feet of water…
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Restoration of Protected Lakes Under Climate Change: What Legal Measures are Needed to Help Biodiversity Adapt to the Changing Climate? The Case of Lake IJssel, Netherlands
Introduction Lakes around the world are heavily impacted by climate change. Droughts, floods, higher water temperatures, changes in biodiversity, and even sea level rise all have an impact on freshwater lakes. In this Article, I look into the question of what legal measures are needed to protect lakes against these impacts with a focus…
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No Credit Unless You Show Your Work: How Judges Can Stop the Gaming of Climate Change Discount Rates in Federal Rulemaking
Introduction How should the federal government balance costs today against benefits a century from now? The question sounds highly abstract and philosophical, but federal agencies must distill the answer into one number: a discount rate. The number selected by federal agencies and subject to review by federal judges may determine the future habitability of Earth.…
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Indian Allottee Water Rights: A Case Study of Allotments on the Former Malheur Indian Reservation
Introduction The right to use water is key to making land productive and valuable. This Article will address the little-known topic of the rights of Indian allottees (those Indian individuals who were allotted lands under the General Allotment Act), and their descendants, to use water for agricultural and development purposes on allotment lands. Many…
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Towards Energy Democratization
Introduction This Article examines the progress of renewable energy and energy decentralization in Sweden and Denmark. Both countries have numerous projects underway aimed at reducing dependence on fossil fuels and promoting greener energy options. These projects include boosting energy usage from renewable sources and adopting tools and technologies that will facilitate energy security and…
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Managing an Administrative Emergency: Establishing FEMA as an Independent Agency
Introduction On November 10, 2018, as Californian families mourned the loss of their loved ones and homes to forest fires, President Trump tweeted a threat to withhold federal payments that could help those families rebuild.[2] Firefighters and lawmakers alike came out against this partisan attack, but that did not stop President Trump from doubling down…