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Articles 1 - 7 of 7
Full-Text Articles in Law
Environmental Evidence, Seema Kakade
Environmental Evidence, Seema Kakade
University of Colorado Law Review
The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including criminal policing, housing, and health care. After all, the people with on-the-ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived experience is also often significantly lacking and undermined in law and policy. People with lived experience tend to be seen as both community experts with valuable knowledge, as well as nonexperts with little valuable knowledge. This Article explores the lived experience with pollution as …
Entrance Fees: Self-Funded Agencies And The Economization Of Immigration, Daimeon Shanks
Entrance Fees: Self-Funded Agencies And The Economization Of Immigration, Daimeon Shanks
University of Colorado Law Review
No abstract provided.
Contingent Delisting, Justin R. Pidot
Contingent Delisting, Justin R. Pidot
University of Colorado Law Review
No abstract provided.
Regulation By Database, Nathan Cortez
Regulation By Database, Nathan Cortez
University of Colorado Law Review
The federal government currently publishes 196,284 searchable databases online, a number of which include information about private parties that is negative or unflattering in some way. Federal agencies increasingly publish adverse data not just to inform the public or promote transparency, but to pursue regulatory ends-to change the underlying behavior being reported. Such "regulation by database" has become a preferred method of regulation in recent years, despite scant attention from policymakers, courts, or scholars on its appropriate uses and safeguards.
This Article evaluates the aspirations and burdens of regulation by database. Based on case studies of six important data sets …
Legal Adaptive Capacity : How Program Goals And Processes Shape Federal Land Adaption To Climate Change, Alejandro E. Camacho, Robert L. Glicksman
Legal Adaptive Capacity : How Program Goals And Processes Shape Federal Land Adaption To Climate Change, Alejandro E. Camacho, Robert L. Glicksman
University of Colorado Law Review
The degree to which statutory goals are pliable is likely to significantly affect the ability of an agency with regulatory or management responsibilities to achieve those objectives in the face of novel challenges or changing circumstances. This Article explores this dynamic by comparing the degree of 'ive" provided by the goals of the regimes governing management of the five types of federal public lands in responding to the challenges posed by climate change. A comparative analysis of federal land adaptation to climate change demonstrates that a management regime's legal adaptive capacity is influenced not only by procedural flexibility, but also …
Renewable Energy Through Agency Action, Amy L. Stein
Renewable Energy Through Agency Action, Amy L. Stein
University of Colorado Law Review
Despite the many societal benefits associated with renewable energy, it is used to generate only about 5 percent of our nation's electricity needs. The bulk of governmental efforts to rectify this situation have disproportionately impacted private actors. This Article argues that the federal government should expand its efforts to more fully capture the gains that can be achieved by targeting both private and public actors, particularly federal agencies. Federal agencies have enormous purchasing power that can be channeled toward using electricity and fuels derived from renewable energy. Federal agencies are some of the largest consumers of electricity. Federal agencies manage …
Is Cost-Benefit Analysis Neutral, David M. Driesen
Is Cost-Benefit Analysis Neutral, David M. Driesen
University of Colorado Law Review
Cost-benefit analysis (CBA) owes much of its appeal to its image as a neutral principle for deciding upon the appropriate stringency of environmental, health, and safety regulation. This Article examines whether CBA is neutral in effect-i.e. whether it sometimes makes regulations more stringent or regularly leads to weaker environmental, health, and safety protection. Using a representative data set from recent Office of Management and Budget (OMB) reviews, an examination of OMB prompt letters, and a literature review, this Article shows that CBA has almost always proven anti-environmental in practice. It also shows that the most common approaches to CBA are …