Colorado Environmental Law Journal

Introduction Across the globe, what was once unthinkable is now coming into practice: national governments have acquiesced to their indigenous peoples’ beliefs that natural resources such as trees and rivers deserve the same rights generally reserved for humans.[2] These governments are starting to recognize the rights of nature by bestowing legal personhood. Black’s Law Dictionary defines a legal person as “a being, real or imaginary, who for the purpose of legal reasoning is treated more or less as a human being.”[3] The rights that flow Continue reading →

    ABSTRACT Better integration of water and land use planning has become an almost universal rallying cry in areas of water scarcity. A starting point for this integration is the consideration of the availability of water to serve new development in the process of land use approval by a local government. Requirements for subdividers to demonstrate that an adequate water supply is available for a proposed development are common and are known as “assured water supply” laws. This paper reviews such laws in eleven Continue reading →

INTRODUCTION This Note discusses two time-to-file requirements in the context of toxic tort litigation: statutes of limitation and statutes of repose. Plaintiffs first must file on time according to the relevant statute of limitation. However, toxic torts often involve latent injuries, where injuries do not manifest until many years after the initial exposure to some hazardous substance. A federal statute addresses this latency problem—the limitation period begins to run only when a plaintiff’s injuries manifest (or once the plaintiff should have realized that the injury Continue reading →

Introduction Innovation in hydraulic fracturing and the shift from traditional drilling to advanced hydraulic fracturing has changed the face of oil and gas production in the United States, resulting in a boom in production. The increase in production also means an increase in hydraulic fracturing waste.[2] Ninety-eight percent of oil and gas waste is produced water—a radioactive by-product of the hydraulic fracturing industry. This wastewater contains concentrated radioactive materials known as Technically Enhanced Naturally Occurring Radioactive Materials (“TENORM”). However, TENORM is not regulated under federal Continue reading →

The recognition of an entity as a state is pivotal in international law. Whether it be that recognition grants statehood or merely confirms a state’s legal existence, it has important implications for the concerned entity and for the entire international community. This article analyzes the impact of non-recognition on private energy companies holding investment interests in areas of disputed jurisdiction. A sovereignty dispute is, in itself, a source of tension between the concerned state entities. But this tension also extends to non-state actors operating in Continue reading →

    Introduction In the late nineteenth century, Pierre de Coubertin proposed the revival of the Olympic Games, which came to life in 1896 as the modern Olympic Games in Athens, Greece.[2] The widely popular ancient Olympic Games ceased in 393 or 394 A.D., when Roman Emperor Theodosious I rejected them as a celebration of Zeus and obstructive to the growing Christian empire.[3] When de Coubertin proposed the modern Olympic Games (the “Games”), he suggested that the heart of the Games shift from Zeus and Continue reading →

Introduction From 2006 to 2016, 60 people died, 17,000 were injured, 500,000 people were forced to evacuate their homes, and more than $2 billion in property damage occurred as a result of 15,000 incidents related to chemical plant operation safety in the United States.[2] This Note examines several of the factors that contribute to high accident rates by examining the specific events at one chemical facility during a natural disaster. Part I of this Note describes the events that occurred at the Arkema facility in Continue reading →

 Abstract Much like a pirate blockade, trade wars and tariffs slow commerce and can hurt certain industries. The current United States trade war with China has created economic stressors in the steel, aluminum, and solar industries. This Note will examine the history of tariffs in the United States and the powers of the president to shape the economic future of the country. This Note will also discuss how the steel, aluminum, and solar industries are impacted by the trade war and the possible legal paths Continue reading →