Category: Issue 1
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A House Is Not a Thyroid: Analogy Issues and Other Problems for Plaintiffs Attempting to Recover in the Tenth Circuit Under the Price Anderson Act
I. Introduction In Cook v. Rockwell International Corp., a class of property owners sought to recover damages under the Price Anderson Act (“PAA”) after a nuclear plant exposed their property […]
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How to be a Good Neighbor: The Failure of CAIR and CSAPR, Uncertainty, and the Way Forward
I. Introduction On August 21, 2012, the Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”) was struck down by the D.C. Court of Appeals in EME Homer City Generation, […]
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“Economy of Use” in the 1997 UN Convention on Shared Watercourses: An Attempt at Elucidation
Abstract Article 6(5) of the 1997 United Nations (“UN”) Convention on the Non-Navigable Uses of International Watercourses lists “economy of use” as one of the factors to determine the reasonable […]
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Citizen Litigants Citizen Regulators: Four Cases Where Citizen Suits Drove Development of Clean Water Law
I. Introduction One of the key innovations of the 1970s regulatory environmental revolution was the provision for citizen enforcement of regulatory standards. This innovation upset the previous bipolar regulatory model, […]
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Federal Wild Lands Policy in the Twenty-First Century: What a Long, Strange Trip It’s Been
Abstract The protection of federally owned wild lands, including, designated wilderness areas, has long been a cardinal element of the American character. For a variety of reasons, designating wild lands […]