Colorado Environmental Law Journal

    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 Zeus and obstructive to the growing Christian empire.[3] When de Coubertin proposed the modern Olympic Games (the “Games”), he suggested that the heart of the Games shift from Zeus and Continue reading →

 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 shape the economic future of the country. This Note will also discuss how the steel, aluminum, and solar industries are impacted by the trade war and the possible legal paths Continue reading →

  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 control by the Nuclear Regulatory Commission (“NRC”), making the preemption argument unlikely on its face. The petitioners nonetheless advanced several variations of their preemption claim, all dependent on a purpose-driven Continue reading →

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 used by the plant once the steam turbines stop spinning. The complex history of the generating station, the law of the Colorado River concerning its water use, and the stressed Continue reading →

  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 on biodiversity conservation. How can law help to implement the necessary climate change adaptation measures related to biodiversity conservation for lakes? First, I will briefly summarize current and projected climate Continue reading →

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. Federal agencies making the rules relating to climate change face that daunting reality. The most important variable in modeling damages from climate change is the discount rate, the rate by Continue reading →

  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 allottees do not realize they have water rights, and in most cases, the allottees and their local community do not understand what law applies to those rights. This often contributes Continue reading →

  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 efficiency. Much of the work taking place in the two countries has the potential to be replicated in other jurisdictions. Denmark is at the epitome of renewable energy and sustainable Continue reading →

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 in January and tweeting that he had ordered the Federal Emergency Management Agency (“FEMA”) to “send no more money” to California until they got their act together.[3] Despite the President’s Continue reading →