Author Archive

Solarize the Many, Not the Few: How Vermont Erects Barriers to Low-Income Community Solar Projects While Its Neighbors Tear them Down

David Riley

The United States’ demand for renewable energy is continuously growing.[1] In many states, small-scale solar energy is in high demand.[2] In efforts to meet ambitious renewable energy goals,[3] many states have incentivized new solar generation through regulation and policy.[4] One such policy is net metering, in which a utility company reduces the rate of a customer that generates solar energy.[5]

The Power of a Prosecutor: New Measures for Evaluating Prosecutorial Success

Carly Orozco

A prosecutor in the United States, whether operating at the federal, state, or local level, is responsible for holding those who commit criminal offenses accountable by acting as a “minister of justice.”[1] Prosecutors are the arm that enforce the laws of the legislature.[2] They have both great responsibility and great discretion to decide whether and what to prosecute.[3] With great responsibility and discretion, however, accountability must follow.

Gotta Catch ‘Em All! The Physical Entry Requirement in In Re Pokémon Go Nuisance Litigation

Madison Pevey

Released in the summer of 2016, Pokémon Go quickly became one of the most downloaded mobile games.[1] Niantic, The Pokémon Company, produced and developed the mobile game.[2] In the game’s first week, the app was downloaded more than 30 million times.[3] In 19 days, the app was downloaded more than 50 million times, setting records for the mobile-gaming industry.[4] In app purchases reached $35 million in three weeks.[5]

Pipeline Dreams: Why the Lake Powell Pipeline is Costly, Unnecessary and Violates Federal Law

Grace Patrick

Like many western states, Utah finds itself addressing the issue of long-term water security. While some lawmakers and interested parties advocate for conservation and smarter allocation, others support unsustainable initiatives that promise to do more harm than good. In 2006, the Lake Powell Pipeline Development Act was passed in Utah.[1] Supported by the Utah Division of Water Resources, the Act proposes a large diversion of the Colorado River to meet the alleged future water needs of Southwestern Utah, specifically Washington and Kane Counties.[2]

Keeping EPA Accountable, Ban Chlorpyrifos

Brian Nguyen

Hidden in the food we eat daily, chlorpyrifos has been afflicting innocent people for decades. Chlorpyrifos kills insects upon contact by disrupting their nervous system. Similar to other organophosphate pesticides, chlorpyrifos is toxic to the nervous system because it creates an accumulation of acetylcholine which prevents regulated communication between nerve cells and overstimulates the nerves.[1] Unfortunately, EPA has found chlorpyrifos to also affect human health by causing headaches, dizziness, nausea, confusion, muscle twitching, loss of coordination, respiratory paralysis, vomiting, diarrhea, brain damage to children, IQ reduction, working memory loss, and death.[2]

Vermont as a Model for State Law Challenges to Immigration Detainers Supported by Intergovernmental Agreements

Anders Newbury

As a “nation of immigrants,” the United States has a long and contentious history with immigration.[1] Powerful economic and political forces, coinciding with rising racial and cultural tensions, have rendered immigration one of the defining challenges of the past century.[2] In response to demographic shifts and economic anxiety, views of what it means to be an American have become increasingly disparate, culminating in the successful 2016 presidential bid of Donald Trump.[3] Caught in the crossfire are the more than 11 million undocumented individuals estimated to be living in the U.S.[4]

Medical Monitoring Recovery for PFAS Exposure: Addressing an Emerging Contaminant of Concern

Megan Noonan

In recent years, communities across the United States have discovered water contamination from per- and polyfluorinated substances (PFAS).[1] Research on the health impacts of PFAS contamination suggests that exposure to these chemicals is associated with various diseases, such as high cholesterol and cancer.[2] Because of their widespread use in firefighting foams, these chemicals are particularly prevalent on military bases, airports, and in surrounding communities.[3] Thus, people living in communities with PFAS-contaminated water may have elevated levels of PFAS in their blood and face significant potential health problems.[4]

The Growing Diversion from the Great Lakes Compact’s Purpose of Protection

Julius Moss

          The Great Lakes are a unique natural resource and are considered one of the world’s largest freshwater ecosystems.[1] Collectively, the Great Lakes make up roughly 21% of the planet’s surface freshwater, help support a six trillion-dollar regional economy, and define the Great Lakes region.[2] Because the Great Lakes are such a valuable natural resource that are shared and held in trust by the Great Lakes states, it is imperative that  federal, state, and tribal governments continually manage this natural resource in a cooperative manner.[3]

Not Every Hazardous Substance is a “Hazardous Substance”: Addressing an Emerging Containment without a CERCLA Designation

Adam Mittermaier

            Consider the hazards of perfluorooctanoic acid, or PFOA. One, PFOA is toxic to humans and animals.[1] The chemical contributes to liver and thyroid damage, low infant birthweight, decreased immune function, and cancer.[2] Two, PFOA is elemental in the American home.[3] Due to its convenient water and stain-resistant properties, PFOA was once used in cookware, food packaging, clothing, and carpet.[4] Three, PFOA is ubiquitous in the environment.[5] The blood of ninety-nine percent of the U.S. population now contains PFOA and Antarctic soils bear its traces.[6] Four, PFOA is resistant to decomposition, bioaccumulative, and mobile through air and water.[7] In an adult human, PFOA has a half-life of 8 years.[8]

Good Intentions: How EPA Laid New Legal Land Mines Beneath the Bona Fide Prospective Purchaser Defense

Ryan Mitchell

            No other law has adversely affected the real estate market like the Conservation Environmental Recovery, Compensation, and Liability Act (CERCLA).[1] Upon Congress’s adoption of CERCLA in 1980, CERCLA liability tied up every contaminated parcel of land.[2] Estimates of the total cost of remediating every Brownfield reach $650 billion.[3] The overwhelming fear of CERCLA liability stifled the real estate market.[4] From rural communities to inner cities, CERCLA has financially frustrated the nation as a whole.[5]

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