Not Under My Backyard: The Battle Between Colorado and Local Governments Over Hydraulic Fracturing

In measure, however, history has repeated itself . . . . To all these places the oil derrick has come like a conquering army driving all before it. Farms, fields, orchards, gardens, dooryards, and even homesteads have been given over to the mad search for oil. In nearly all appear the same steps of progress; a lucky strike, the rush for leases, sudden wealth to the fortunate ones, boom towns, stock companies, and sooner or later the inevitable decline.[1] I. INTRODUCTION The State of Colorado owes a great deal Continue reading →

Tribes, Treaties, and the Trust Responsibility: A Call for Co-Management of Huckleberries in the Northwest

  INTRODUCTION Our ancestors biggest fear, what they feared most at treaty time, was a loss of the ability to hunt, fish, and gather foods like they’d always done. That’s why they asked for these things to be included in the treaty. – Warm Springs Tribal Member[2] The first foods are the most important thing to us. When we lay out the first foods on the table it is like laying out your life, because the first foods are what sustain you. – Umatilla Tribal Continue reading →

The Case for the Creation of an International Environmental Court: Non-State Actors and International Environmental Dispute Resolution

ABSTRACT This Article aims to investigate how environmental governance unfolds in the globalized world and how the increasing level of participation of non-state actors impacts the so-called “new governance”— a process involving many levels of international, domestic, regional, and local levels of decision-making, often without the participation of governments or formal international organizations. In one respect, the instruments of the new governance are inclusive; thus, in a field where multilateral efforts have reached a stalemate and the “treaty congestion” phenomenon has developed, they could represent Continue reading →

Regional Cap-and-Trade Program to Bring “Fracking” States into 2015 Ozone Attainment

In 2015 the U.S. Environmental Protection Agency revised its National Ambient Air Quality Standard (NAAQS) for ozone from 75 ppb to 70 ppb. This increasingly stringent standard will test the abilities of certain areas to maintain attainment, particularly areas that project continued or increasing oil and gas extraction activities in the future, like states in the Rocky Mountain region. These states have a history of wavering in and out of attainment with the ozone NAAQS and have developed sophisticated strategies to achieve attainment. However, maintaining Continue reading →

Speech: Limiting Building Height: The Story of a Citizens Initiative to Preserve Mountain Vistas and a City’s Future

PROLOGUE This piece, a story that has long needed to be told in full, traces the evolution of the historic 1971 decision by the citizens of the City of Boulder, Colorado to place a height limit of fifty-five feet on all future buildings. Ruth Wright is the perfect person to recount this fascinating episode. She was deeply involved in accomplishing this City Charter amendment and also happens to be a careful and objective scholar as well as a writer who knows how to present an Continue reading →

Rethinking Electric Vehicle Incentives

This Note analyzes whether policies designed to promote the use and adoption of electric vehicles serve two important values: (1) that a policy’s benefits should exceed its costs and (2) that a policy furthers—or, at minimum does not frustrate—distributive justice goals. Using these two values, this Note analyzes the Colorado and federal tax credits for electric vehicle purchases, and it also analyzes a proposed government-funded interstate electric vehicle charging corridor. Although electric vehicles offer many potential environmental advantages over conventional vehicles, the tax incentives and charging Continue reading →

All We Really Need to Know We Learned in Kindergarten: Share Everything (Agricultural Water Sharing to Meet Increasing Municipal Water Demands)

  INTRODUCTION ♣[1]†With continuing population growth and a changing climate, Colorado’s finite water resources face unprecedented pressure. Current projections indicate that Colorado’s population will increase from the current 5.2 million people to between 8.3 and 9.2 million by 2050.[5] As a result of population growth, 2050 municipal water demand is predicted to swell by 600,000 to 1,000,000 acre-feet annually—a sixty to 100 percent increase—primarily to meet Front Range needs.[6] Colorado’s remaining undeveloped water resources are limited, however, and pose nearly insurmountable challenges for thirsty Front Continue reading →

Lessons from Cancer Alley: How the Clean Air Act Has Failed to Protect Public Health in Southern Louisiana

This Note discusses the history and development of Cancer Alley under the regulatory framework of the Clean Air Act, analyzing how industrial interests infiltrate the environmental regulation at the design, implementation, and enforcement level and ultimately hinder how the Act protects public health and the environment. Cancer Alley is an eighty-five mile stretch of land along the Mississippi River from Baton Rouge to New Orleans in Louisiana. This area, also known as “Petrochemical America,” is home to more than 150 petrochemical industrial plants and refineries, Continue reading →

When the Fast Track Hits the Off Ramp: Renewable Energy Permitting and Legal Resistance on Western Public Lands

  INTRODUCTION In recent years, the Bureau of Land Management (“BLM”) has attempted to institute a “Fast-Track” permitting process for renewable energy projects on public lands, which is supposed to increase the efficiency and speed of project development.[2] However, previous attempts have met procedural and administrative hurdles that have led to legal resistance.[3] The new changes BLM is making are likely to encounter similar problems. Given the ten-year trend toward fast-tracking permitting processes on western public lands, and the continued resistance by environmental and cultural Continue reading →

Speech: Atmospheric Trust Litigation: Securing a Constitutional Right to a Stable Climate System

[1]*It is a privilege to be here in Boulder, which is a place I think of as a hub of climate action, with its young climate warriors, its renewable energy visionaries, and its dedicated league of citizens determined to create a safe future. And it is a supreme honor to give the lecture named after the two legal giants who have so shaped Indian law, natural resources law, and public lands law with their brilliant vision and dedication to justice. My honor is magnified by Continue reading →