Category: Issue 1
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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…
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Beyond our Borders: Barriers and Solutions to Applying Environmental Regulations to U.S. Corporations that Outsource Production
Introduction The world is becoming increasingly interconnected, and our understanding of climate change and pollution now expands beyond the borders of individual countries. Even when the United States monitors and regulates its own contribution to emissions and pollution, these pressing issues are impossible to control through domestic regulation alone. Many goods consumed by Americans…
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Black and Yellow Letter Law: Managing Rusty Patched Bumble Bee Conservation Under the Endangered Species Act
Introduction The rapid decline of various bee species—dubbed “the plight of the bumblebees”—has triggered widespread policy discussions about pollinator protections in the United States (“U.S.”). These discussions resulted in fresh developments in a few areas of law aimed at pollinator protection, including the Fish and Wildlife Service (“FWS”) listing the rusty patched…