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Articles 61 - 75 of 75

Full-Text Articles in Law

Coalbed Methane: Crafting A Right To Sell From An Obligation To Vent, L. James Lyman Jan 2007

Coalbed Methane: Crafting A Right To Sell From An Obligation To Vent, L. James Lyman

University of Colorado Law Review

Coalbed methane ("CBM") is a rapidly growing source of energy in the United States, particularly in the Intermountain West. Rather than being captured and utilized, however, much of the recoverable CBM is released into the atmosphere as coal mine methane ("CMM), a byproduct of coal mining. Allowing a federal coal operator to capture and sell or otherwise consume CMM would reduce greenhouse emissions, provide additional fuel for power generation, and avoid the waste of valuable natural resources. However, there is sparse guidance from the federal government regarding the right of federal coal operators to engage in CMM sale. What little …


Climate Change And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon Jan 2007

Climate Change And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon

University of Colorado Law Review

This article considers climate change from the perspective of the Third World and more particularly from the vantage point of the poorest nations in the international system. It concludes that those nations that are the most geographically and economically vulnerable will also have the least impact on mechanisms to halt the progress of this impending disaster. Hence, climate change is examined as yet another chapter in Third World powerlessness. Despite the fact that low-income nations participate in international deliberations, they do so from an exceedingly weak position that puts them in the untenable position of being on the receiving end …


Secrecy And Access In An Innovation Intensive Economy: Reordering Information Privileges In Environmental, Health, And Safety Law, Mary L. Lyndon Jan 2007

Secrecy And Access In An Innovation Intensive Economy: Reordering Information Privileges In Environmental, Health, And Safety Law, Mary L. Lyndon

University of Colorado Law Review

This article examines the law concerned with access to information that is commercially valuable when it is kept secret but is also essential to environmental, health, and safety (EHS) risk evaluation. EHS law stimulates sustainable economic activity, including new technologies, and thus complements intellectual property law. Access to EHS information is essential to risk management, but current disclosure obligations are unclear, as the law is a patchwork of familiar but ill-fitting concepts and entitlements. The article discusses the current law that affects disclosure, taking into account recent changes in the technological and economic landscape. It also describes the contrasting uses …


The Climate Of Environmental Justice: Taking Stock- Forward, Maxine A. Burkett Jan 2007

The Climate Of Environmental Justice: Taking Stock- Forward, Maxine A. Burkett

University of Colorado Law Review

No abstract provided.


Remarks At The Climate Of Environmental Justice: Taking Stock Conference At The University Of Colorado Law School, March 16-17, 2007, Congressman Mike Udall Jan 2007

Remarks At The Climate Of Environmental Justice: Taking Stock Conference At The University Of Colorado Law School, March 16-17, 2007, Congressman Mike Udall

University of Colorado Law Review

No abstract provided.


Indigenous People And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie Jan 2007

Indigenous People And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie

University of Colorado Law Review

The international dialogue on climate change is currently focused on a strategy of adaptation that includes the projected removal of entire communities, if necessary. Not surprisingly, many of the geographical regions that are most vulnerable to the effects of climate change are also the traditional lands of indigenous communities. This article takes the position that the adaptation strategy will prove genocidal for many groups of indigenous people, and instead argues for recognition of an indigenous right to environmental selfdetermination, which would allow indigenous peoples to maintain their cultural and political status upon their traditional lands. In the context of climate …


Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall Jan 2006

Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall

University of Colorado Law Review

This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of the cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world's largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism …


Adverse Possession And Conservation: Expanding Traditional Notions Of Use And Possession, Alexandra B. Klass Jan 2006

Adverse Possession And Conservation: Expanding Traditional Notions Of Use And Possession, Alexandra B. Klass

University of Colorado Law Review

At common law, very minimal actions were needed to establish the "exclusive possession " necessary to acquire land by adverse possession when the land was "wild" or undeveloped. This minimal burden to adversely possess wild lands, which is still the general rule today, stands in contrast to the much higher standard necessary to adversely possess developed lands. This article explores why the lesser standard for adverse possession of wild lands remains a threat to many of the millions of acres of land in this country that are still undeveloped. This article then proposes that courts modernize the adverse possession doctrine …


Is Cost-Benefit Analysis Neutral, David M. Driesen Jan 2006

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 …


The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang Jan 2005

The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang

University of Colorado Law Review

No abstract provided.


Corporate Environmental Reporting As Informational Regulation: A Law And Economics Perspective, David W. Case Jan 2005

Corporate Environmental Reporting As Informational Regulation: A Law And Economics Perspective, David W. Case

University of Colorado Law Review

No abstract provided.


Dumping On Federalism, Robert J. Cynkar Jan 2004

Dumping On Federalism, Robert J. Cynkar

University of Colorado Law Review

No abstract provided.


Judicial Safeguards Of Federalism And The Environment: Yucca Mountain From A Constitutional Perspective, John C. Yoo, Jennifer L. Koester Jan 2004

Judicial Safeguards Of Federalism And The Environment: Yucca Mountain From A Constitutional Perspective, John C. Yoo, Jennifer L. Koester

University of Colorado Law Review

No abstract provided.


More Unfinished Stories: Lucas, Atlanta Coalition, And Palila/Sweet Home, Oliver A. Houck Jan 2004

More Unfinished Stories: Lucas, Atlanta Coalition, And Palila/Sweet Home, Oliver A. Houck

University of Colorado Law Review

No abstract provided.


To See The Mountains: Restoring Colorado's Clear And Healthy Air, The Honorable Gregory J. Hobbs, Jr. Jan 2004

To See The Mountains: Restoring Colorado's Clear And Healthy Air, The Honorable Gregory J. Hobbs, Jr.

University of Colorado Law Review

No abstract provided.