Category: Printed
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Speech: Ensuring Reliability and a Fair Energy Marketplace
[1]*Abstract In response to the Western Energy Crisis, the Enron scandal, and a historic East Coast blackout, Congress granted broad new authority to the Federal Energy Regulatory Commission (“FERC” or […]
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Horizontal Drilling and Trespass: A Challenge to the Norms of Property and Tort Law
I. Introduction This Article explores the interplay or interphase between common law property and tort concepts as they apply to surface and subsurface trespass claims and the technological developments in […]
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Examining the Priorities of the Canadian Chairmanship of the Arctic Council: Current Obstacles in International Law, Policy, and Governance
I. Introduction At the Arctic Council’s Ministerial Meeting in May 2013, Carl Bildt, the Swedish Minister for Foreign Affairs, passed the gavel, and hence the rotating chairmanship, to Canada’s Minister […]
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A House Is Not a Thyroid: Analogy Issues and Other Problems for Plaintiffs Attempting to Recover in the Tenth Circuit Under the Price Anderson Act
I. Introduction In Cook v. Rockwell International Corp., a class of property owners sought to recover damages under the Price Anderson Act (“PAA”) after a nuclear plant exposed their property […]
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How to be a Good Neighbor: The Failure of CAIR and CSAPR, Uncertainty, and the Way Forward
I. Introduction On August 21, 2012, the Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”) was struck down by the D.C. Court of Appeals in EME Homer City Generation, […]
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“Economy of Use” in the 1997 UN Convention on Shared Watercourses: An Attempt at Elucidation
Abstract Article 6(5) of the 1997 United Nations (“UN”) Convention on the Non-Navigable Uses of International Watercourses lists “economy of use” as one of the factors to determine the reasonable […]
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Citizen Litigants Citizen Regulators: Four Cases Where Citizen Suits Drove Development of Clean Water Law
I. Introduction One of the key innovations of the 1970s regulatory environmental revolution was the provision for citizen enforcement of regulatory standards. This innovation upset the previous bipolar regulatory model, […]
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Federal Wild Lands Policy in the Twenty-First Century: What a Long, Strange Trip It’s Been
Abstract The protection of federally owned wild lands, including, designated wilderness areas, has long been a cardinal element of the American character. For a variety of reasons, designating wild lands […]
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The Great Escape: Addressing the Problem of Fugitive Methane Emissions from the Conventional Natural Gas System Under the Clean Air Act
I. Introduction Natural gas production in the United States has steadily increased in recent years.[2] A recent study projected that natural gas development is expected to increase by forty-four percent […]
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Conserving Endangered Species in Indian Country: The Success and Struggles of Joint Secretarial Order 3206 Nineteen Years On
I. Introduction In 1996, two cabinet departments and scores of tribes and tribal leaders convened to enact an Order that would enhance tribal sovereignty, streamline federal and tribal coordination, and […]