Law Commons^™

Climate Policy & Environmental Justice Recommendations For Colorado: Environmental Justice And The Climate Action Plan To Reduce Pollution, Kevin J. Lynch, Edwin Lamair, Evan Healey

Sturm College of Law: Faculty Scholarship

This report was primarily drafted in the Spring of 2019, as the Colorado Legislature considered, and ultimately enacted, HB 19-1261. Since that time, developments have only highlighted the critical importance of considering the justice impacts of any public health and environmental responses to the threat of climate change. In particular, the COVID-19 pandemic has highlighted the stark racial and class disparities that environmental conditions have on the health of a community. The same facilities and mobile sources that emit climate pollution also typically emit particulate matter and smogforming pollution that cause respiratory illness in many communities. These underlying conditions are …

Amici Curiae Brief Of The International Municipal Lawyers Association And Legal Scholars In Support Of Defendants-Appellees In Portland Pipe Line Corporation, Et Al. V. City Of South Portland, Et Al., Sarah J. Fox, Sara C. Bronin, Nestor M. Davidson, Keith H. Hirokawa, Ashira Pelman Ostrow, Dave Owen, Laurie Reynolds, Jonathan D. Rosenbloom, Sarah Schindler

Sturm College of Law: Faculty Scholarship

This brief to the Maine Supreme Judicial Court was filed in support of the City of South Portland by the Amici Curiae, including the International Municipal Lawyers Association and legal scholars, to provide the Court with a background on the role of local governments in land use planning, and to explain why the City of South Portland’s Clear Skies Ordinance falls easily within the City’s authority and was not preempted by state legislation.

After studying the potential for bulk loading of crude oil within its boundaries, the City of South Portland concluded that the infrastructure requirements and environmental impacts of …

Moat Mentality: Onshore And Offshore Approaches To Wind Waking, K.K. Duvivier, Brendan Mooney

Sturm College of Law: Faculty Scholarship

Wind energy developers are becoming increasingly aware of the dam- aging impact of wakes from turbines. To deal with the issue on land, many terrestrial developers have adopted a “moat mentality,” creating buffer zones around their wind plants1 to protect them from neighboring wind de- velopments. While these “moats” may protect the investment of a partic- ular wind developer, they render large areas that could be generating elec- tricity into unproductive waste zones. US offshore wind development is in its nascence. This article will explore ways that offshore wind developers are addressing waking issues and whether they can find more …

Pioneers Of Environmental Law, Jan G. Laitos, John Copeland Nagle

Sturm College of Law: Faculty Scholarship

This book is intended to introduce the reader to examples of some of the persons who helped to invent and develop the field of environmental law. Some of these pioneers are well known; some are more obscure, but still have played critical roles in field of environmental law. A “pioneer” is among the first to explore a new area. And a pioneer of environmental law may be one who (1) first recognized the importance of the natural environment, (2) helped to invent the relatively new doctrine of environmental law and then ensured that it would survive, or (3) once the …

Sensitive Species Data In Colorado’S State And Local Government Decision-Making, Kevin J. Lynch, Marissa Hoffman, Katherine Klein, John Molera, Merrily Newcomb, Sarah Matsumoto, Wyatt Sassman, Natalie Norcutt

Sturm College of Law: Faculty Scholarship

This report addresses the use of sensitive species data in Colorado at both the state and local levels. At the state level, this research focuses on environmental statutes and regulations, permitting authority in various state agencies, and processes for identifying and dealing with sensitive species. At the local level, the focus is on the role of sensitive species data in development proposals, as well as the varying level of detail required for considering sensitive species data in in local government decision-making.

Principally, this report identifies: (1) areas where statutes and regulations require the consideration of sensitive species data; (2) areas …