Category: Printed
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What’s Mine is Yours: An Analysis of the Federal Laws Used to Compensate the Navajo Nation and Remediate Abandoned Uranium Mines and Mills on the Reservation
Introduction The United States monopolized radioactive ore during the Cold War era, incentivized uranium mining on the Navajo Nation, and manipulated the Navajo government into approving mining leases. This Note argues that the United States should remediate the numerous radioactive waste sites on the Navajo Reservation and compensate the Navajo Nation for…
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The Little Colorado River Project: Is New Hydropower Development the Key to a Renewable Energy Future, or the Vestige of a Failed Past?
Introduction The Colorado Plateau consists of a series of stunning plateaus and mesas, all situated within a larger basin.[2] Despite being categorized as an arid region, perhaps the most crucial element in shaping the Plateau’s geography, as well as its human past, is its hydrology. The principal water body on the…
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The Rise of Critical Infrastructure Protest Legislation and Its Implications for Radical Climate Activism
Introduction The global crisis of climate change looms large over every aspect of our society today. It presents an increasingly potent existential danger to humanity, as the widespread consequences of rising global temperatures include increasing ocean temperatures, rising sea levels, more frequent heatwaves and droughts, and extreme and unseasonal natural disasters and weather events.[2] The…
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Indian Allottee Water Rights: A Case Study of Allotments on the Former Malheur Indian Reservation
Introduction The right to use water is key to making land productive and valuable. This Article will address the little-known topic of the rights of Indian allottees (those Indian individuals who were allotted lands under the General Allotment Act), and their descendants, to use water for agricultural and development purposes on allotment lands. Many…
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The Clean Energy Dilemma: How the Push for Clean Energy Could Threaten Indigenous Communities and an Exploration of Potential Alternatives
Introduction The Biden Administration’s efforts to combat climate change by moving toward clean energy are poised to have an outsized impact on Indigenous communities if critical minerals slated for clean energy projects are obtained through new mining. This is because much of the untapped supply of these minerals is located near tribal land. The nation’s…
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Towards Energy Democratization
Introduction This Article examines the progress of renewable energy and energy decentralization in Sweden and Denmark. Both countries have numerous projects underway aimed at reducing dependence on fossil fuels and promoting greener energy options. These projects include boosting energy usage from renewable sources and adopting tools and technologies that will facilitate energy security and…
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Let My People Go Fishing: Public Stream Access and Navigability on Colorado’s Rivers
Introduction Every year in June, as snow in the high country melts and fills Colorado’s rivers, there is a gathering in the small mountain town of Salida. The festival is known as FibArk, and people from all over the country bring rafts, kayaks, tubes, and all manner of vessels to float down…
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Where the NHPA and NEPA Meet: Failures of the Nexus of EIS and Section 106 Analyses
Introduction Picture Alaska’s largest caribou herd, wild salmon, eleven major rivers, and Alaskan Native communities’ spiritual, cultural, and historic lands.[2] Now picture a 211 mile-long road cutting through that ecologically diverse landscape to reach a mining district that could put the entire area in peril with little to no economic gain.[3] That is the Ambler…
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The Subdelegation Doctrine as a Legal Tool for Establishing Tribal Comanagement of Public Lands: Through the Lens of Bears Ears National Monument
Introduction The Bears Ears National Monument (“Bears Ears”) in southern Utah is at the center of a live conflict in the conservation, public lands, and natural resource spaces. President Barack Obama established the 1.35 million acre monument in 2016 as an exercise of his protective authority under the Antiquities Act.[2] Conservation proponents supported the…
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COVID-19 Infects the Fishing Industry: The Rise of Illegal Fishing and the Waiver of Fishery Observer Requirements
INTRODUCTION In 2020, the COVID-19 pandemic upended the world as we knew it. COVID-19 impacted almost every aspect of society and the planet—even ocean ecosystems. As global economies sunk into recession, the demand for seafood persisted. Yet, fishing vessels served as perfect vectors for the novel coronavirus because their confined spaces increased transmission of the…