Category: Printed
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Mountain Biking into the Wilderness
ABSTRACT America’s Wilderness Act of 1964[2]* (the “Wilderness Act”) dedicates unique and scenically important federal lands for protection from development. Over time, the increased acreage of federal land designated as Wilderness, and new legislative proposals to further expand Wilderness, have fueled controversy over the scope of activities that may be pursued in Wilderness areas. One…
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The Second Amendment v. The Environment: Florida’s Transformation of Gun Range Environmental Liability
This Article focuses on Florida’s statutory provisions regulating gun ranges; those provisions provide a stark contrast to traditional environmental regulation. In 2004, Florida enacted legislation that makes lawsuits and other legal actions against gun ranges a “last-resort option” for addressing environmental impacts at the ranges and creates a rule that relies on the industry…
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Speech: Challenges and Opportunities of the Expiring Columbia River Treaty
*I. Introduction The headwaters of the Columbia River are in the Rocky Mountains of British Columbia, Idaho, and Montana. From its headwaters, the Columbia River’s mainstem flows 2,000 kilometers (1,243 miles) crossing the U.S.–Canada border before it empties into the Pacific Ocean along the border between Oregon and Washington (figure 1). It is the largest…
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The Truth Behind International Climate Agreements: Why They Fail and Why the Bottom-Up is the Way Forward. A Game Theory Analysis
I. INTRODUCTION Climate change is one of the biggest problems facing the world today. It is no longer just environmental groups who are warning of the threat. In 2014, the Pentagon released a report in which they determined that climate change was the greatest threat to national security, citing rising sea…
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The Transfer of Public Lands Movement: The Battle to Take “Back” Lands That Were Never Theirs
Introduction Long a hotbed of discontent over federal public land management, Utah rekindled the “sagebrush rebellion” in 2012 when it enacted the Transfer of Public Lands Act (“TPLA”),[2] demanding that the federal government turn millions of acres of public land[3] over to the state. Utah’s efforts became a model for legislation that sprang up…
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The Hard(rock) Truth About Abandoned Mines in the Western United States: Why the Pressure Is On to Enact Good Samaritan Legislation as a Way to Recover
I. INTRODUCTION The water was mustard yellow. It was unnatural and unsafe, but was it unexpected? The normally blue, free-flowing Animas River, which flows from Southern Colorado into New Mexico, a part of the Colorado River System, was instantly transformed from a serene, natural river into a toxic wasteland. Three million gallons…
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Still Melting: How Climate Change and Subsistence Laws Constrain Alaska Native Village Adaptation
Subsistence hunting and fishing practices are essential to maintain the physical, economic, and cultural continuity of Alaska Native Villages (“ANVs”). The combination of rapid climate change, laws that restrict hunting and fishing, and systems for participating in decision-making about hunting and fishing all limit the ways in which ANV residents can legally adapt their subsistence…
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Speech: In Love With the Wild: Thoughts About the Public Lands in the 21st Century
[1]Years ago, the writer and activist Terry Tempest Williams and I stood on the sidewalk in front of the Whitney Museum in New York asking passersby if they knew what the BLM is. Terry makes me do things like that. The first nine cosmopolitan people had no idea whatsoever, so Terry, who had bet that…
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In Atmosphere We Trust: Atmospheric Trust Litigation and the Environmental Advocate’s Toolkit
Introduction In May 2018, carbon dioxide in the atmosphere averaged 411.24 parts per million, representing the highest concentration ever recorded.[2] Greenhouse gases like carbon dioxide, largely produced by human activities, have led to increasing global temperatures that will likely continue to rise for decades.[3] As a result of climate change, glaciers are shrinking, ice on…
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Colorado’s Ground-Level Ozone Burden
I. INTRODUCTION Since 1970, the federal government has been regulating ground-level ozone under the Clean Air Act (“CAA”). At the ground level, ozone is an air pollutant, which can be harmful to humans, animals, and vegetation. Ground-level ozone is, in part, created by man-made emissions from industrial processes and vehicle exhaust. In…