Category: Volume 27
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Tribes, Treaties, and the Trust Responsibility: A Call for Co-Management of Huckleberries in the Northwest
INTRODUCTION Our ancestors biggest fear, what they feared most at treaty time, was a loss of the ability to hunt, fish, and gather foods like they’d always done. That’s […]
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Speech: Limiting Building Height: The Story of a Citizens Initiative to Preserve Mountain Vistas and a City’s Future
PROLOGUE This piece, a story that has long needed to be told in full, traces the evolution of the historic 1971 decision by the citizens of the City of Boulder, […]
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All We Really Need to Know We Learned in Kindergarten: Share Everything (Agricultural Water Sharing to Meet Increasing Municipal Water Demands)
INTRODUCTION ♣[1]†With continuing population growth and a changing climate, Colorado’s finite water resources face unprecedented pressure. Current projections indicate that Colorado’s population will increase from the current 5.2 million […]
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When the Fast Track Hits the Off Ramp: Renewable Energy Permitting and Legal Resistance on Western Public Lands
INTRODUCTION In recent years, the Bureau of Land Management (“BLM”) has attempted to institute a “Fast-Track” permitting process for renewable energy projects on public lands, which is supposed to […]
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Federal Power Act Limitations on FERC Dam Decommissioning Authority: Shielding Preexisting Licensees and Revisiting Trust Funds to Protect the Public Interest
INTRODUCTION Hydropower is one of humankind’s oldest sources of energy.[2] Civilizations from the ancient Mesopotamian region utilized dams in one form or another as early as 8,000 years ago.[3] More […]
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Congress Resurrects a Native Harvest and Creates Potential for Conflict in Migratory Bird Management
ABSTRACT In 2014 Congress passed the Huna Tlingit Traditional Gull Egg Use Act. The Act reestablishes a native gull egg harvest that had been eliminated in the 1960s. The new […]
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Environmental Jurisdiction in Indian Country: Why the EPA Should Change its Definition of Indian Agency Jurisdiction under the Safe Drinking Water Act
I. INTRODUCTION The Navajo Nation has a bitter history with uranium mining. Uranium mining began in and around the Navajo Nation reservation in 1942, as the uses of uranium were […]
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Coal Barons and Ski Bums: An Unlikely Alliance? Exploring Potential Solutions to Waste Mine Methane
I. INTRODUCTION Coal is a necessary part of the twenty-first century global economy. Approximately thirty-six percent of all globally generated power is reliant on coal as a primary fuel source.[2] […]
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NEPA and the Northern Integrated Supply Project: Wielding the ‘Paper Tiger’ in the Tenth Circuit
I. Introduction This Note offers an analysis of how courts in the Tenth Circuit should interpret water development project Environmental Impact Statements (“EIS”) in an increasingly dry and environmentally sensitive […]
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National Conservation Area Designation: When You Need a Shovel, Not a Backhoe
INTRODUCTION Designating areas for conservation purposes often causes conflict in communities with competing public and private interests, particularly when the federal government is involved. However, due to increasing population […]