Category: Volume 29
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Regional Cap-and-Trade Program to Bring “Fracking” States into 2015 Ozone Attainment
In 2015 the U.S. Environmental Protection Agency revised its National Ambient Air Quality Standard (NAAQS) for ozone from 75 ppb to 70 ppb. This increasingly stringent standard will test the […]
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Rethinking Electric Vehicle Incentives
This Note analyzes whether policies designed to promote the use and adoption of electric vehicles serve two important values: (1) that a policy’s benefits should exceed its costs and (2) that […]
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Lessons from Cancer Alley: How the Clean Air Act Has Failed to Protect Public Health in Southern Louisiana
This Note discusses the history and development of Cancer Alley under the regulatory framework of the Clean Air Act, analyzing how industrial interests infiltrate the environmental regulation at the design, […]
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Speech: Atmospheric Trust Litigation: Securing a Constitutional Right to a Stable Climate System
[1]*It is a privilege to be here in Boulder, which is a place I think of as a hub of climate action, with its young climate warriors, its renewable energy […]
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Speech: Climate Progress in the Energy Sector: Room for (Cautious) Optimism?
[1]*I want to join others in thanking Alice Madden, Shaun LaBarre, the Getches-Wilkinson Center and the sponsors for making this conference possible. It is just exactly the kind of conference […]
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A Looming “Sand Trap” in Severed Mineral Estates
Introduction Over the last decade, U.S. oil production has nearly doubled in volume on the strength of what has come to be known as a “shale revolution.”[2] Due to […]
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The Lobo Limps on from Limbo: A History, Summary, and Outlook for Mexican Wolf Recovery in the American Southwest
Introduction The New Mexico Department of Game and Fish (“NMDGF” or “Department”), acting pursuant to new administrative regulations, denied a U.S. Fish and Wildlife Service (“FWS”)[2] application to import and […]
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Consultation with American Indian Tribes: Resolving Ambiguity and Inconsistency in Government-to-Government Relations
As the salmon disappear, so do our tribal cultures and treaty rights. We are at a crossroads and we are running out of time. Introduction Political protests at […]
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Protecting the Gateway to Yellowstone: The Upper Yellowstone River and Its Options for Survival
Introduction Just north of Yellowstone National Park, in the Upper Yellowstone River watershed, two proposed gold mines threaten one of America’s most beautiful and biodiverse areas. This Note will argue […]
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Flames, Fixes, and the Road Forward: The Waste Prevention Rule and BLM Authority to Regulate Natural Gas Flaring and Venting
Introduction The Bureau of Land Management (“BLM”) finalized its Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule (“Waste Prevention Rule” “BLM Methane Rule,” or “Rule”) in November […]