Vol. XLI No. 1

Trading Up Kyoto: A Proposal to Amend the Protocol, Part I

This is the first of two Articles that analyze the dynamic and complex relation between international trade law and the Kyoto Protocol. These Articles argue that the Kyoto Protocol undermines efforts to negotiate a meaningful climate change treaty, and alternatively, they propose a new treaty framework to replace the Protocol. This first Article sets out […]

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Deepwater Horizon and the Law of the Sea: Was the Cure Worse than the Disease?

The number 4.9 million is commonly known as the number of barrels of crude oil that entered the Gulf of Mexico during the Deepwater Horizon oil spill in 2010. Less known, but perhaps equally disconcerting, is the number 1.7 million—the number of gallons of Corexit, a toxic dispersant used to mitigate oil spills, that was […]

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Renewable Portfolio Standards and the Dormant Commerce Clause: The Case for In-Region Location Requirements

Electricity generation facilities are the single largest source of greenhouse gas emissions in the United States. Although renewable generation facilities offer a cleaner alternative to traditional, carbon-intensive methods of electricity generation, output from renewable facilities is less reliable and more costly relative to facilities that burn fossil fuels. Therefore, in an unfettered marketplace, investment in […]

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Killing Two Birds With One Stone: How an Incidental Take Permit Program Under the MBTA Can Help Companies and Migratory Birds

Under the Migratory Bird Treaty Act (MBTA), it is unlawful to kill a migratory bird “by any means, or in any manner” without a permit. The United States has interpreted the language “by any means, or in any manner” to include the incidental killing of birds. In conflict with this interpretation, however, is the fact […]

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A Tale of Two Codes: The Influence of Albuquerque and Washington on Green Building

Green building has become an increasingly important piece of the American economy. Two cases from the past five years addressed this burgeoning field: Air Conditioning, Heating and Refrigeration Institute v. City of Albuquerque and Building Industry Association of Washington v. Washington State Building Code Council. As a result of these decisions, legislators would be wise […]

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Calming the Fire: How a Negligence Standard and Broad Cost-Recovery Can Help Restore National Forests After Wildfires

This Note provides an overview of the statutory and common law relating to forest fires, with a particular focus on fires started by power lines in National Forests. Fire is a constant threat to America’s forests and is capable of doing enormous damage to critical ecological systems. Yet the legal ramifications of forest fires are […]

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The Role of Nuisance in the Developing Common Law of Hydraulic Fracturing

In 2012, the oil and gas industry created more than 1.2 million jobs. The industry expects this number to increase to more than 2.3 million in 2035 and expects revenues to exceed $1.9 trillion from 2012 to 2035. The development of hydraulic fracturing technology, a process by which natural gas under shale formations can be […]

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Swimming Away From the Zone of Reasonableness: Upper Blackstone and the Need for Numeric Water Quality Criteria

In Upper Blackstone Water Pollution Abatement District v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the First Circuit upheld NPDES permit pollution limits for Massachusetts’s Blackstone River. The court deferred to the EPA’s permit limits under the Administrative Procedure Act’s arbitrary and capricious standard. Courts usually defer to an agency’s permit limits […]

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