Colorado Environmental Law Journal

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 and fishing, and systems for participating in decision-making about hunting and fishing all limit the ways in which ANV residents can legally adapt their subsistence practices to fluctuations in species populations and location. This Article outlines impacts to subsistence experienced by ANV residents, legal and institutional constraints to adaptation, and recommendations for change. A key Continue reading →

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, have led to increasing global temperatures that will likely continue to rise for decades.[3] As a result of climate change, glaciers are shrinking, ice on rivers and lakes is melting earlier in the season, trees are flowering sooner, heat waves are longer and more intense, and sea levels are rising.[4] Drought, hurricanes, wildfires, and flooding Continue reading →

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 has been very slow. The objective of this article is to explore how policymakers around the world have responded to the call to make aviation more sustainable through the use of SAF. The Article pursues this objective through a detailed analysis of five types of policy instruments, which are considered the most innovative worldwide in Continue reading →

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 explain how, over several decades, cost-benefit analysis came to dominate federal environmental policy. Next, I will explain why I believe cost-benefit analysis is a problematic way to evaluate environmental policy. After that, I’ll turn to a discussion of how the Obama administration approached these issues. And fourth, I will describe how, in the Trump administration, Continue reading →

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 deserve the same rights generally reserved for humans.[2] These governments are starting to recognize the rights of nature by bestowing legal personhood. Black’s Law Dictionary defines a legal person as “a being, real or imaginary, who for the purpose of legal reasoning is treated more or less as a human being.”[3] The rights that flow Continue reading →

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 relevant statute of limitation. However, toxic torts often involve latent injuries, where injuries do not manifest until many years after the initial exposure to some hazardous substance. A federal statute addresses this latency problem—the limitation period begins to run only when a plaintiff’s injuries manifest (or once the plaintiff should have realized that the injury Continue reading →

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 a boom in production. The increase in production also means an increase in hydraulic fracturing waste.[2] Ninety-eight percent of oil and gas waste is produced water—a radioactive by-product of the hydraulic fracturing industry. This wastewater contains concentrated radioactive materials known as Technically Enhanced Naturally Occurring Radioactive Materials (“TENORM”). However, TENORM is not regulated under federal Continue reading →

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 implications for the concerned entity and for the entire international community. This article analyzes the impact of non-recognition on private energy companies holding investment interests in areas of disputed jurisdiction. A sovereignty dispute is, in itself, a source of tension between the concerned state entities. But this tension also extends to non-state actors operating in Continue reading →

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 result of 15,000 incidents related to chemical plant operation safety in the United States.[2] This Note examines several of the factors that contribute to high accident rates by examining the specific events at one chemical facility during a natural disaster. Part I of this Note describes the events that occurred at the Arkema facility in Continue reading →

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 obscure law that now features prominently in the national spotlight.[2] It seems apparent that until recently, few realized exactly how powerful the CRA could be. [3] Before this recent wave, the CRA was viewed as an unduly burdensome and largely useless procedural hoop.[4] Critics of the Act opine that it has little use because it Continue reading →