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Full-Text Articles in Law
Holistic Climate Change Governance: Towards Mitigation And Adaptation Synthesis, Katherine Trisolini
Holistic Climate Change Governance: Towards Mitigation And Adaptation Synthesis, Katherine Trisolini
University of Colorado Law Review
Climate change already has begun destabilizing natural systems, prompting unprecedented heat waves, droughts, floods, and severe storms. While scientists admonish us that greenhouse gases must be cut deeply and quickly to avoid the worst impacts, past emissions have committed the planet to some further warming. Resulting physical changes will require a legal system that functions amidst extreme weather, rising seas, and scientific uncertainty about the stability of natural systems upon which we relied in designing institutions and infrastructure. An effective response requires both substantial reductions in greenhouse gas emissions to limit the harm ("mitigation') and significant adaptation. Scholars and policymakers …
Won't You Be My Neighbor? The Fallout From The Colorado Supreme Court's Decision In Cogcc V. Gvca, Luke Mecklenburg
Won't You Be My Neighbor? The Fallout From The Colorado Supreme Court's Decision In Cogcc V. Gvca, Luke Mecklenburg
University of Colorado Law Review
This Casenote asserts that the Colorado Supreme Court's decision in COGCC v. GVCA, while legally adequate, condones a harmful public policy that necessitates legislative correction. The case pitted two landowners whose property was adjacent to a proposed well that would drill down within a three-mile radius of an underground nuclear detonation site known as the Rulison blast zone, as well as a citizens'group from the Rulison area, against the Colorado Oil and Gas Conservation Commission (COGCC). Using different canons of statutory interpretation, the Colorado Court of Appeals and the Colorado Supreme Court reached opposite decisions, but in the end a …
The Spending Power And Environmental Law After Sebelius, Erin Ryan
The Spending Power And Environmental Law After Sebelius, Erin Ryan
University of Colorado Law Review
In National Federation of Independent Business v. Sebelius, a plurality of the Supreme Court held that portions of the Affordable Care Act exceeded federal authority under the Spending Clause. With that holding, Sebelius became the first Supreme Court decision since the New Deal to limit an act of Congress on spending-power grounds, rounding out the "New Federalism" limits on federal power first initiated by the Rehnquist Court in the 1990s. The new Sebelius doctrine constrains the federal spending power in contexts involving changes to ongoing intergovernmental partnerships with very large federal grants. However, the decision gives little direction for evaluating …
Fracking As A Federalism Case Study, Amanda C. Leiter
Fracking As A Federalism Case Study, Amanda C. Leiter
University of Colorado Law Review
No abstract provided.
Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, Mary Jane Angelo, Joanna Reilly-Brown
Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, Mary Jane Angelo, Joanna Reilly-Brown
University of Colorado Law Review
This Article proposes a novel approach to addressing global climate change's impacts on agricultural production and food security. The climate change crisis is the most significant environmental issue facing our planet. The changes predicted to occur as the earth's climate warms include significant impacts to agriculture. At the same time that the planet is undergoing dramatic climatic changes, the global population is increasing, and economic development in many parts of the world is exerting increased demand for a greater and more diverse supply of food. The relationship between climate change and agriculture is a close and complex one, as the …