Colorado Environmental Law Journal

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 →

Indian treaty fishing rights scored an important judicial victory recently when an equally divided U.S. Supreme Court affirmed the Ninth Circuit’s decision in the so-called “culverts case,” which decided that the Stevens Treaties of the 1850s give the tribes a right to protect salmon migration obstructed by barrier road culverts. The implications of that decision on other habitat-damaging activities have yet to be ascertained, but even prior to the resolution of the culverts case there were significant indications that federal, state, and local administrative agencies Continue reading →

“Cui bono?” Cicero As part of the radical transformation of the mineral regime of South Africa, the African National Congress (“ANC”) government introduced the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) on May 1, 2004. The MPRDA not only vested mineral resources in the custody of the state but also provided for application of new rights on merit by any applicant. The MPRDA also recognized prospecting rights, mining rights, and mineral rights of the previous mineral law dispensation as old order rights Continue reading →