Category: Volume 30
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Still Melting: How Climate Change and Subsistence Laws Constrain Alaska Native Village Adaptation
Subsistence hunting and fishing practices are essential to maintain the physical, economic, and cultural continuity of Alaska Native Villages (“ANVs”). The combination of rapid climate change, laws that restrict hunting […]
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In Atmosphere We Trust: Atmospheric Trust Litigation and the Environmental Advocate’s Toolkit
Introduction In May 2018, carbon dioxide in the atmosphere averaged 411.24 parts per million, representing the highest concentration ever recorded.[2] Greenhouse gases like carbon dioxide, largely produced by human activities, […]
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Giving BioJet Wings: Policy Instruments for a Carbon Neutral Aviation Sector
Sustainable Aviation Fuels (“SAFs”) entered commercial markets a decade ago to replace fossil fuels. Unlike in road transport, where biofuels have been gradually deployed, the uptake of SAF in aviation […]
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Speech: Cost-Nothing Analysis: Environmental Economics in the Age of Trump
I am going to talk tonight about economic analysis of environmental policy. My talk has four main parts, plus a conclusion that not everyone will like. First, I’m going to […]
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Fluid Standing: Incorporating the Indigenous Rights of Nature Concept into Collaborative Management of the Colorado River Ecosystem
Introduction Across the globe, what was once unthinkable is now coming into practice: national governments have acquiesced to their indigenous peoples’ beliefs that natural resources such as trees and rivers […]
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An Alternative to the Absolute Bar Effect of Statutes of Repose
INTRODUCTION This Note discusses two time-to-file requirements in the context of toxic tort litigation: statutes of limitation and statutes of repose. Plaintiffs first must file on time according to the […]
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Hydraulic Fracturing, Radioactive Waste, and Inconsistent Regulation
Introduction Innovation in hydraulic fracturing and the shift from traditional drilling to advanced hydraulic fracturing has changed the face of oil and gas production in the United States, resulting in […]
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International Energy Investments and Unrecognized States: Opportunities and Risks for Private Actors
The recognition of an entity as a state is pivotal in international law. Whether it be that recognition grants statehood or merely confirms a state’s legal existence, it has important […]
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The Arkema Chemical Facility Incident: How the Regulation of Reactive Chemicals and the Incorporation of Climate Change Risks in Emergency Response Planning Could Mitigate and Prevent Future Accidental Chemical Releases
Introduction From 2006 to 2016, 60 people died, 17,000 were injured, 500,000 people were forced to evacuate their homes, and more than $2 billion in property damage occurred as a […]
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The Conflicting Mandate: Agency Paralysis Through the Congressional Review Act’s Resubmit Provision
Introduction In March 2017, Congress invoked a twenty-one-year-old law—previously used only once—to invalidate a broad swath of late Obama-era regulations. The Congressional Review Act (“CRA” or “Act”), is a once […]