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<i>Garamendi</i>'s Unspoken Assumptions: Assessing Executive Foreign Affairs Preemption Challenges to State Regulation of Greenhouse Gas Emissions

Editor's Summary: In 2003, the U.S. Supreme Court issued its most recent pronouncement on the executive foreign affairs preemption doctrine in American Insurance Ass'n v. Garamendi. In this Article, Kimberly Breedon argues that lower...

Where Federalism and Globalization Intersect: The Western Climate Initiative as a Model for Cross-Border Collaboration Among States and Provinces

Editors' Summary: This Article explores the legal and practical issues that arise where globalization and federalism intersect. A number of states and provinces in the western part of North America have joined together to reduce...

The Last Stand of the Wild West: Twenty-First Century Water Wars in Southern California

Editor's Summary: In 2003, the Imperial Irrigation District (IID) of California agreed to transfer water from rural Imperial County to urban southern California cities as part of a quantitative settlement agreement (QSA). The Colorado...

Fitting a Square Peg in a Round (Drill) Hole: The Evolving Legal Treatment of Coalbed Methane-Produced Water in the Intermountain West

Editors' Summary: Groundwater resources in the intermountain West (Colorado, Montana, New Mexico, Utah, and Wyoming) continue to dwindle while populations expand. In the 1950s, states set up oil and gas conservation commissions to...

Last Lake Standing: Clean Water Act Jurisdiction in the Alaskan Frontier After <i>Rapanos v. United States</i>

Editors' Summary: Environmental professionals continue to consider the implications of the 2006 U.S. Supreme Court landmark decision regarding CWA jurisdiction, Rapanos v. United States. In this Article, Matthew A. Axtell uses Justice...

Global Climate Change: A Serious Threat to Native American Lands and Culture

Editor's Summary: During the past decade, public perception of global climate change has transformed from a gloom and doom scenario not to be taken seriously to a nearly universally recognized peril to the planet. Native Americans,...

An Economic Review of Inefficiency in Utah Groundwater Law: Cache County Emphasis

Editors' Summary: The demand for groundwater is projected to grow over the next 20 years, resulting in increasing requests for groundwater extraction permits. However, current groundwater allocation laws in some states are economically...

Foreign Affairs Federalism: The Legality of California's Link With the European Union Emissions Trading Scheme

Editor's Summary: Last year, Tony Blair and Arnold Schwarzenegger signaled their commitment to join the United Kingdom and California in efforts to combat climate change. In this Article, Hannah Chang examines whether California can...

California, Climate Change, and the Constitution

Editors' Summary: Climate change, like many environmental challenges, is a global problem requiring local solutions. While the United States has of yet not passed meaningful legislation that addresses climate change, several U.S. states...

The Waiter at the Party: A Parable of Ecosystem Management in the Everglades

Editors' Summary: Adaptive management has emerged as a response to the complexity of environmental policy implementation. Development, regulatory advances and shortcomings, and other contextual nuances all conspire to complicate...