Potential for Less Plastic Pollution: Colorado’s Recycling System and Plastic Bag Ban

Table of Contents Introduction I. Background A. Post-Consumer Waste Is Increasing on a Global Level B. Current Processing Facilities for Recyclables Are Insufficient C. Historical Federal Recycling Initiatives D. Recent Federal Legislative Initiatives II. States Have Divergent Recycling Frameworks and Varying Rates of Success A. Components of Recycling Frameworks 1. Deposit Refund System 2. Curbside Recycling 3. Single-Use Plastic Bans 4. State Regulation and Oversight of Recycling 5. Landfill Costs B. 50 States of Recycling Report C. Case Studies 1. Maine 2. Vermont 3. Colorado Continue reading →

Federal Insecticide, Fungicide, and Rodenticide Act Preemption of State Failure-to-Warn Laws

Table of Contents Introduction I. Background A. Pesticide Overview B. Monsanto C. Implications for Victims and Pesticide Manufacturers II. Preemption A. FIFRA Label Requirements B. Bates v. Dow Agrosciences LLC III. Limits of FIFRA Preemption A. Express Preemption 1. Imposes a Requirement 2. For Labeling or Packaging 3. In Addition To or Different From 4. Takeaways for Express Preemption B. Implied Preemption 1. Is Implied Preemption Precluded? 2. Impossibility Preemption 3. Registration as a Defense 4. Takeaways from Implied Preemption IV. The Future of FIFRA Continue reading →

Grid Unlocked: How Colorado Senate Bill 72 Will Impact Wholesale Electricity Markets in Colorado and the West

Table of Contents Introduction I. Background: U.S. Energy Markets and Colorado Senate Bill 72 A. Electric Utility Regulation and Energy Markets in the United States B. Electric Utility Regulation and Energy Markets in Colorado and the West C. Overview of Senate Bill 72 1. Organized Wholesale Market Requirement 2. Creation of the Colorado Electric Transmission Authority II. Motivations and Impact of Senate Bill 72 and Stakeholder Responses A. Motivations and Impacts of Senate Bill 72 1. Improving Grid Reliability and Resilience Through the CETA 2. Continue reading →

America’s Public Lands: What History Suggests About Their Future

    Table of Contents Introduction I. The Major Themes of Public Land Political History II. How the National Forest System Came About III. Other Land Acquisition Programs IV. Reserving the Remaining Public Lands in the 1930s V. Congress Reclaims Authority from the Executive VI. Public Land Policy from Reagan to Trump VII. The Trump Administration VIII. The Public Lands Today IX. Challenges to Public Lands A. Climate Change and Biodiversity Loss B. An Explosion of Recreational Use C. Paying More Attention to Native American Continue reading →

Unleashing Carbon Removal Technologies[1]

Abstract Mounting climate change concerns are driving unprecedented interest in carbon dioxide removal technologies. Unlike carbon capture strategies, which trap carbon dioxide at specific emission points such as power plant smokestacks, carbon removal technologies directly remove carbon dioxide from the ambient atmosphere. Fossil fuel industry stakeholders have championed carbon capture for years as a means of reducing carbon emissions while continuing the nation’s heavy reliance on carbon-intensive energy sources. This focus on promoting carbon capture has delayed the development of policies specifically aimed at promoting Continue reading →