Category: Issue 2
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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 abilities of certain areas to maintain attainment, particularly areas that project continued or increasing oil and gas extraction activities in the future, like states in…
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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 a policy furthers—or, at minimum does not frustrate—distributive justice goals. Using these two values, this Note analyzes the Colorado and federal tax credits for electric…
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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, implementation, and enforcement level and ultimately hinder how the Act protects public health and the environment. Cancer Alley is an eighty-five mile stretch of land…
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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 visionaries, and its dedicated league of citizens determined to create a safe future. And it is a supreme honor to give the lecture named after…
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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 I love to attend where people from different perspectives and different disciplines talk about these issues in a more sophisticated way than they’re usually talked…
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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 a confluence of market and technological forces, the process of hydraulic fracturing—or “fracking,” in common parlance—has served as the primary driver for this dramatic uptick…
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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 release Mexican wolves—lobos—into New Mexico in November 2015. The FWS, acting pursuant to its own regulations, decided to proceed with Mexican wolf reintroduction. Acting without…