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The Local Environment at the U.S. Department of Defense

The U.S. Department of Defense (DOD) manages several hundred thousand buildings at over 5,000 sites, using over 30 million acres of land. As stewards of natural resources, DOD is faced with structural and environmental management tasks of monumental proportions. These tasks do not exist in a vacuum and are often integrally related to the surrounding built and natural environments.

Protecting Our Environment in a Virtual Age: How Wildlife Webcams Could Strengthen Enforcement of the Endangered Species Act

With the introduction of wildlife webcams, anyone with an Internet connection can view real-time, live video feed capturing a variety of species, including endangered species, in their natural habitats from a remote location. The U.S. Supreme Court held in Lujan v. Defenders of Wildlife that a potential citizen plaintiff must have plans to physically visit the species in its natural habitat in order to satisfy the injury-infact requirement.

A Looming Fracking Explosion: The Inadequate NEPA Cumulative Effects Analysis for the Keystone XL Pipeline

The Keystone XL Pipeline has drawn tremendous media attention over the past seven years as the U.S. Department of State has assessed the Project’s environmental impacts through the NEPA review process. Despite the lengthy process, the Keystone XL Pipeline environmental reviews fail to adequately assess the Project’s impacts in the Bakken region, where increased pipeline transport capacity is likely to cause increased levels of hydraulic fracturing for oil production.

The Legislative Experience and Lessons of China’s Renewable Energy Law and Its Future Development

The Renewable Energy Law of China was enacted and had been amended relatively quickly. Further modifications to the law would enhance its effectiveness in promoting the development of renewable energy. Deficiencies exist in the current Renewable Energy Law, and its amendments should be improved. First, the legislative approach should be less politically driven but more pragmatic. Second, further amendments of the law should enhance its enforceability. Third, the law should be able to solve current problems and foresee future trends.

Shifting the Debate: In Defense of the Equal Access to Justice Act

For three decades, the Equal Access to Justice Act (EAJA) has enhanced parties’ ability to hold government agencies accountable for their actions and inaction. EAJA allows individuals, small businesses, and nonprofits to recover attorney fees from the federal government after vindicating a variety of federal rights. Recent political rhetoric has attacked EAJA for its allegedly improper usage by environmental groups.

Become a Rulemaking Ninja: Exploring the OIRA Web Portal

In the first term of the Obama Administration, the White House Office of Information and Regulatory Affairs (OIRA) introduced an interactive web portal designed to give you better information about the president’s centralized system of regulatory review. On entering the portal, there are only two things to keep in mind. First, don’t be afraid to snoop around: sometimes the most useful stuff is found three or four levels down. Second, don’t fall in love. OIRA’s slick website is a fresh breeze for advocates of government transparency. But there’s still a lot missing.

EPA Administrative Orders on Consent, CERCLA §113(f) Contribution Actions, and the Operative Statute of Limitations After Atlantic Research

Parties seeking to address their CERCLA liability with the U.S. Environmental Protection Agency (EPA) without protracted litigation may find attractive a nonjudicial negotiated settlement, known as an Administrative Order on Consent (AOC). However, after the U.S. Supreme Court’s seminal United States v. Atlantic Research Corp. and Cooper Industries, Inc. v. Aviall Services, Inc. decisions, subsequent lower court guidance has generated three complex issues that should be considered when entering into an AOC with EPA.

The Overwhelming Case for Clean Air Act Reform

Congress designed the current CAA around two fundamental misunderstandings about air pollution, misunderstandings that make the statute clumsy and that hinder further attempts at emissions reductions. The authors describe a new approach that could solve these problems and allow Congress to dramatically streamline the CAA. They conclude with a word on GHG control.

Understanding the Government-to-Government Consultation Framework for Agency Activities That Affect Marine Natural Resources in the U.S. Arctic

Alaska Natives work with the federal government in managing resources in the Arctic. Federal consultation with tribes is one of the ways that such cooperative management can be achieved. Existing federal-level policies require consultation with tribes when federal agencies make decisions affecting tribal interests in Alaska. Taking into account the unique circumstances for tribes in Alaska, it is necessary to explore existing consultation policies and procedures, highlighting those that strengthen the underlying framework and how consultation occurs in practice.

Collaborative Decisionmaking in the Arctic Under the Marine Mammal Protection Act and a Proposal for Enhanced Support From the Federal Government

The Alaska Native communities of the American Arctic rely upon their ancient subsistence practices for their food security, the continuation of their cultural traditions, and their physical and spiritual well-being. Industry interest in offshore resources will inevitably lead to potential conflicts with the historic subsistence uses of Alaska Natives.