Beyond our Borders: Barriers and Solutions to Applying Environmental Regulations to U.S. Corporations that Outsource Production

  Introduction The world is becoming increasingly interconnected, and our understanding of climate change and pollution now expands beyond the borders of individual countries. Even when the United States monitors and regulates its own contribution to emissions and pollution, these pressing issues are impossible to control through domestic regulation alone. Many goods consumed by Americans are produced overseas. Federal agencies have the ability to regulate the kinds of products that come into the country, yet these agencies have little control over the methods by which Continue reading →

Black and Yellow Letter Law: Managing Rusty Patched Bumble Bee Conservation Under the Endangered Species Act

      Introduction The rapid decline of various bee species—dubbed “the plight of the bumblebees”—has triggered widespread policy discussions about pollinator protections in the United States (“U.S.”). These discussions resulted in fresh developments in a few areas of law aimed at pollinator protection, including the Fish and Wildlife Service (“FWS”) listing the rusty patched bumble bee as an endangered species on March 21, 2017.[2] The rusty patched bumble bee is the first bumble bee protected by the Endangered Species Act (“ESA”). The recent listing Continue reading →

Colorado’s SB 19-181 and the COGCC Rules are First of Their Kinds, yet Still Not Enough

  Introduction It was April 2017 when a gas explosion destroyed a home in Firestone, Colorado and killed two people—brothers-in-law Mark Martinez and Joey Irwin.[2] The explosion was caused by a severed gas line, likely cut when the home was built years earlier.[3] In the investigation that followed, it was determined that non-odorous gas had been leaking into the family’s home for months.[4] The Colorado Oil and Gas Conservation Commission (“COGCC” or “Commission”) levied a fine against the oil and gas company responsible for the Continue reading →

Green Infrastructure: Strengthening Federal Policy for Flood Mitigation, Ecosystems, and Community Well-Being

  Introduction At 5:00 p.m. on August 23, 2005, the National Hurricane Center in Miami, Florida issued an advisory about a tropical storm forming over the Bahamas.[2] To those who live along the southern coast of the United States, a tropical storm advisory, and even a hurricane advisory, is not typically a huge concern. Alerts come in frequently, but a large weather disturbance only occurs every twenty to thirty years.[3] In New Orleans, Louisiana, directly in the path of the oncoming storm, the governor stated Continue reading →

Sleight of Land: The Socioenvironmental Impacts of Global Land Trade in the International Investment System

Introduction Global land trade has become a subversive form of neocolonialism that obscures environmental exploitation and human rights abuses. It involves the importation and exportation of land in the international market through purchase or lease. Most of the land that is foreignized through this process is in the Global South.[2] Since the beginning of the twenty-first century, interest in undeveloped land in South America, Africa, and Asia has increased.[3] The targets are often, although not exclusively, less-developed former colonies in the Global South that have Continue reading →

Tribal Consultation: Toward Meaningful Collaboration with the Federal Government

One of the bedrock principles of federal Indian law is a centuries-old understanding that the tribes, as “domestic dependent nations,” have a “government-to-government” relationship with the federal government, which has a trust obligation concerning the tribes, their sovereignty, and their cultural resources. Although this relationship was first judicially articulated in the nineteenth century, it was interpreted to require federal “consultation” with the tribes under a series of executive orders beginning in the 1970s and the National Historic Preservation Act (“NHPA”). However, this government-to-government consultation has Continue reading →

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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur ut lacinia mi. Fusce sem felis, tempor a velit eget, ullamcorper semper ligula. Proin vel mauris accumsan quam elementum imperdiet feugiat vel metus. Morbi tristique pulvinar mauris, vitae commodo enim lacinia condimentum. Pellentesque dui odio, finibus quis ultrices in, gravida quis lectus. Nunc at ante ac justo blandit condimentum sit amet sit amet lorem. Cras vitae libero mauris. Maecenas dictum bibendum risus ut iaculis. Aenean cursus sit amet tellus at malesuada. Donec consequat enim eget ipsum Continue reading →