Arizona Journal of Environmental Law & Policy, Volume 13, Issue 1 (2022)
Recent Submissions
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The Regulatory State and the Emerging Offshore Wind Energy Market in the United StatesOffshore wind energy technologies are generally regarded as variable baseload systems. They could therefore serve a crucial role in a net-zero or carbonneutral electricity supply grid. With the spate of growing commercial and government-policy interests in offshore wind, it is important to examine how and to what extent the framework of assessing and reviewing project plans, as well as the process of engaging with impacted stakeholders or alternative users of the outer continental shelf, can become more efficient and less controversial. Thus, this paper discusses the emerging offshore wind energy market in the U.S. and highlights the role of the regulatory state in facilitating a more efficient leasing and permitting process for projects without compromising the protections afforded under applicable laws and regulations. Adopting a thorough yet standardized review of relevant project plans and proactive stakeholder engagement processes is recommended at an early or appropriate time during the permitting process. Understanding the opportunity costs of delayed and canceled projects, addressing misperception of risks, and standardizing best practice measures for resolving common issues could make project review process(es) more efficient. Considering experiences in other jurisdictions such as the UK, such efficiency gains are achievable while protecting the environment and legitimate interests of other users in the outer continental shelf.
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Shifting Tiny: The Environmental and Economic Benefits of Zoning Reform for Tiny DwellingsAs we continue to evolve as a society we are confronted with the pitfalls of humanity. Time goes on and the greed of our human nature is reflected in our need for space, our careless use of resources, and our disregard for future generations. Humans have a hard time contemplating life beyond their very own, which is why as a race we have failed to take necessary environmental precautions. Because we are human, we are often gluttonous and in western culture specifically we have the habit of taking up far more space then we need to live a full life. Tiny homes offer an alternative form of living that is not only economically feasible for a greater number of Americans but is also more environmentally conscious when compared to traditional American living situations. This note will explore the environmental impact of today’s single-family homes compared to tiny homes. To do so one must first discuss the history of zoning and building laws in the United States. Once there is an understanding of how these laws may have impacted the construction of tiny dwellings, this paper will go on to discuss a hypothetical example expressing the advantages of shifting to a tiny lifestyle. Environmental impact will be measured in the form of an ecological footprint calculated in hectares. Then, using data from the US Census Bureau, we will be able to find the potential decrease in carbon waste if new developments were primarily tiny style dwellings. It is the purpose of this analysis to challenge traditional forms of housing and look to more environmentally friendly alternatives. In the end, this note will work to show the positive impact tiny homes can have on our environment.
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Between a Rock and a Hard Place: The Current Situation of the #Landback Movement and Indigenous-Imagined FuturesThis Note will review the long and complex history of Indigenous resistance to the United States settler colonial project through a #LandBack lens and will discuss the different legal and political routes Tribes have taken in their attempts to reclaim and exercise sovereignty over their lands by working with the current American legal and property system. This reveals that the most recent Indigenous calls for land return signal the imminent exhaustion of existing legal and property routes for the #LandBack movement. Tribes working within the United States legal and property system have found themselves stuck between a rock and a hard place: submit to state jurisdiction for land owned in fee simple or grapple with the disadvantages of land held in trust by the federal government. Under this current system, #LandBack is conditioned on the consent of the United States. This note concludes with the idea that the most recent iteration of #LandBack is positioned to continue exploring Indigenous-imagined alternatives to the current regimes of property and federal Indian law.
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The Unlikely Renaissance of Federal Common Law in the Second Wave of Climate Change LitigationSince 2017, states and municipalities have sued fossil fuel producers under state law, alleging that they continued producing, selling, and marketing fossil fuels despite knowledge of the harms that fossil fuels caused. The defendants— the world’s largest fossil fuels producers—have held up the litigation around the country by arguing plaintiffs’ claims are not what they purport to be. They argued states and municipalities are attempting to regulate global climate change, an area of a “unique federal interest,” requiring exclusive application of federal common law. Through these arguments, fossil fuel companies attempt to resurrect federal common law, which runs headlong into Supreme Court precedent and the text of the Clean Air Act. Nonetheless, the defendants have found success in some federal courts. For example, the Second Circuit in The New York City v. Chevron first reframed defendants’ state-law claims as claims concerning global greenhouse gas emissions and then erroneously applied federal common law to justify dismissal of New York City’s state-law claims. Such legal analysis erroneously interprets the Supreme Court’s precedent and intrudes on historic powers of state courts. This Article concludes that instead, courts should apply an ordinary preemption analysis under the Clean Air Act