Category: Printed
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Still Silent: How the U.S. Regulatory Framework Fails to Address the Dangers of Pesticides
Table of Contents Introduction Background—Pesticide Reliance and its Effects Pesticides: Pervasive Pollutants Environmental Implications of Pesticide Use Human-Health Implications of Pesticide Use Economic Implications of Pesticide Use The Basics of Pesticide Law Federal Insecticide, Fungicide, and Rodenticide Act Federal Food Drug and Cosmetic Act Food Quality Protection Act Clean Water Act National Environmental Policy Act…
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Interrogating Marine Plastics Pollution Regulations: The Intended Roles of the Global Plastics Treaty
ABSTRACT Marine plastic pollution is a growing global issue that severely affects our ecosystems, biodiversity, and human well-being. Both national and international organisations have established frameworks and regulations to address the increase of plastic pollution in marine environments, covering everything from rules on the disposal of hazardous materials and chemicals used in plastic manufacturing to…
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Ski Resorts and Rural Energy Resiliency: How Colorado’s Ski Industry Could Help Reduce Energy Vulnerability in Rural Mountain Communities
Table of Contents Introduction Background Microgrids, Resiliency, and Vulnerable Communities Climate Change’s Impacts on Snowstorm Frequency and Strength Colorado’s Solar and Ski Resource The Hospitality Industry: Energy Costs and Clean Energy Goals Analysis: State Microgrid Resiliency Programs Colorado California Vermont Oregon Comparison on Program Effectiveness Analysis: Making MCR Funds Go Further With Ski Resorts…
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Pesticide Poisonings and Deadly Hazards: Using the Farm Bill to Protect Workers
“The happiest person in this country cannot help breathing in smokers’ cigarette fumes, auto exhaust, and airborne chemical dust, nor avoid drinking the water, and eating the food. The idea that happiness can insulate us against the results of our environmental madness is a rumor circulated by our enemies to destroy us.” Audre Lorde, The…
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“Sugar, We’re Goin Down”?: Major Questions Doctrine and the Securities and Exchange Commission’s Climate Disclosure Rule
Introduction “‘[I]ncreases in heat-related deaths,’ ‘coastal inundation and erosion,’ ‘more frequent and intense hurricanes, floods, and other extreme weather events,’ ‘drought,’ ‘destruction of ecosystems,’ and ‘potentially significant disruptions of food production.’ ”[3] The U.S. Supreme Court has not minced words in outlining climate change’s potential threats. Climate change’s ubiquity and potentially expansive impacts mean that the…
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The Risks and Potential Impacts of a Colorado River Compact Curtailment on Colorado River In-Basin and Transmountain Water Rights Within Colorado
Abstract Twenty-plus years of drought and overuse in the Colorado River system have dramatically changed the outlook for water users in the system’s Lower and Upper Basins. At the time of this Article’s writing, the United States Bureau of Reclamation was simultaneously working on two related, but separate, environmental review processes related to the management…
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Keeping it in the Ground: An Analysis of Colorado Oil and Gas Law and the Legal Tools to Limit Production
Introduction A tension exists that must be reconciled between Colorado’s management of its natural resources and its stated commitment to fighting climate change. The Colorado executive and legislative branches have, through laws, public statements, and plans, indicated their dedication to fighting climate change. In the 2019 regular session, the Colorado legislature enacted several bills directed…
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Old Farms, New Crop: Agriculture’s Historical Influence in Colorado Water Law and its Leadership into a Water Scarce Future
Introduction Colorado is a headwater state. Of the 158 rivers flowing through it, all but two originate in Colorado’s Rocky Mountains. Major rivers, including the Colorado, the Rio Grande, the Platte, and the Arkansas, arise as small mountain streams that flow through plateaus and high mesas to the west, arid valleys to the south, and…
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Healthy Rivers are Critical for Colorado’s Water Resources Resilience: How Colorado Water Law Needs to Evolve to Protect Our Natural Stream Systems
Abstract Over the past 200 years, the large majority of Colorado’s rivers have been altered to make way for development, agriculture, or transportation, or to deliver water to users more efficiently. Rivers have been buried by mining debris or concrete, channelized, levied, wholly diverted, riparian vegetation lost by grazing or land use practices, and thousands…
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Cedar Point Nursery v. Hassid and Customary Use: Protecting the Public’s Right to Recreate on Dry Sand Beaches
Abstract This Article analyzes the Supreme Court’s new per se physical taking rule in Cedar Point Nursery v. Hassid as a potential threat to the public’s right to use dry sand beaches protected by state customary use statutes. The Court’s recent decision pronounced a per se rule that any degree of physical access to private…