Category: Issue 2
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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 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…
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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, 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…
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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 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…
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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 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…
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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 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…
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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 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…