Category: Issue 2
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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 why they asked for these things to be included in the treaty. – Warm Springs Tribal Member[2] The first foods are the most important thing…
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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, Colorado to place a height limit of fifty-five feet on all future buildings. Ruth Wright is the perfect person to recount this fascinating episode. She…
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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 people to between 8.3 and 9.2 million by 2050.[5] As a result of population growth, 2050 municipal water demand is predicted to swell by 600,000…
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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 increase the efficiency and speed of project development.[2] However, previous attempts have met procedural and administrative hurdles that have led to legal resistance.[3] The new…
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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 than 2,000 years ago, the Greeks utilized the flow of rivers to turn water wheels which then ground wheat into flour.[4] Indeed, it is difficult…
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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 statute, however, does not reference the Migratory Bird Treaty Act or the migratory bird treaties, and the new statute contains several provisions that conflict with…
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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 just being discovered.[2] When the worldwide sprint for uranium began during World War II, the dangers associated §with uranium were not yet well understood.[3] Uranium…