Category: Volume 26
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The Great Escape: Addressing the Problem of Fugitive Methane Emissions from the Conventional Natural Gas System Under the Clean Air Act
I. Introduction Natural gas production in the United States has steadily increased in recent years.[2] A recent study projected that natural gas development is expected to increase by forty-four percent from 2011 through 2040 and natural gas liquids are likely to see an increase of approximately twenty-five percent through 2019.[3] This upsurge in production is…
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Conserving Endangered Species in Indian Country: The Success and Struggles of Joint Secretarial Order 3206 Nineteen Years On
I. Introduction In 1996, two cabinet departments and scores of tribes and tribal leaders convened to enact an Order that would enhance tribal sovereignty, streamline federal and tribal coordination, and protect dozens of threatened and endangered species with habitat in Indian country. While many have examined how this Joint Secretarial Order fits with the existing…
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A Penny Saved is a Penny Not Burned: Renewables, Efficiency, and Conservation as Alternative Means of Reducing Energy Consumption
I. Introduction Policy makers have at least three tools at their disposal to reduce carbon emissions: renewable energy, energy efficiency, and energy conservation.[2] A renewable energy source promises to heat homes and power cars while emitting fewer greenhouse gases than conventional carbon-burning alternatives such as coal and oil.[3] An electric car powered by wind-generated electricity…
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Speech: Expanding the Watershed: Certainty and Sustainability in the Twenty-First Century
I. Introduction [1]*It is great to be back here in Boulder, particularly given the last two weeks of Congressional budget hearings. Last year, I was at the University of Colorado on the day I was confirmed as Deputy Secretary of the U.S. Department of the Interior, which seemed appropriate given that I am still convinced…
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The Hallett Decrees and Acequia Water Rights Administration on Rio Culebra in Colorado
Figure 1: Colorado River Basins[3] I. Introduction The San Luis Valley (“the Valley”) is a broad, high-altitude valley in south-central Colorado, extending southward to the New Mexico state line. Two mountain ranges—the Sangre de Cristo Mountains to the east and the San Juan Mountains to the west—border the Valley. The Rio Culebra flows westward from…
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Out With the Old and In With the New: Modernizing Liquefied Natural Gas Regulations
I. Introduction Testifying before the House Committee on Energy and Commerce in 2003, then Federal Reserve Chairman Alan Greenspan cautioned, “Today’s tight natural gas markets have been a long time in coming, and futures prices suggest that we are not apt to return to earlier periods of relative abundance and low prices anytime soon.”[2] By…
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In a Rising Sea of Uncertainty: A Call for a New International Convention to Safeguard the Human Rights of Citizens of Deterritorialized Asia-Pacific Small Island-States
I. Introduction The planet is warming, both on the surface and in the oceans.[1] Warmer surface temperatures result in faster rates at which ice caps and glaciers melt, while warmer ocean temperatures lead to thermal expansion of salt-water molecules.[2] The cumulative effect of increased melting and thermal expansion is significantly higher sea levels, with a…
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Fire, Flood, Famine, and Pestilence: Climate Change and Federal Crop Insurance
I. Introduction It takes over one gallon of water to grow a single almond in California.[1] California farmers raise $5 billion of the nuts annually,[2] but because of the 2014 drought farmers let almond orchards die and bulldozed productive trees for firewood.[3] According to the United States Drought Monitor, nearly seventy-five percent of the state…
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Not Under My Backyard: The Battle Between Colorado and Local Governments Over Hydraulic Fracturing
In measure, however, history has repeated itself . . . . To all these places the oil derrick has come like a conquering army driving all before it. Farms, fields, orchards, gardens, dooryards, and even homesteads have been given over to the mad search for oil. In nearly all appear the same steps of progress; a lucky strike, the…
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The Case for the Creation of an International Environmental Court: Non-State Actors and International Environmental Dispute Resolution
ABSTRACT This Article aims to investigate how environmental governance unfolds in the globalized world and how the increasing level of participation of non-state actors impacts the so-called “new governance”— a process involving many levels of international, domestic, regional, and local levels of decision-making, often without the participation of governments or formal international organizations. In one…