Subcontractor Coverage Under the Christian Doctrine

By: John Kashuba, Associate   Problem: Recent litigation has produced ambiguity as to whether subcontractors are covered under the Christian doctrine. If this is indeed the case, practitioners advising clients bidding or negotiating for procurement work containing clauses espousing requirements as to the kinds of materials that must be used, or other clauses containing compliance… Continue reading Subcontractor Coverage Under the Christian Doctrine

Columbia River Treaty’s 49th Anniversary: Preparing for Upcoming Re-negotiations

By: Lauren Moldawer, Associate This September marks the forty-ninth anniversary of the United States and Canada’s Columbia River Treaty (Treaty),[1] which is one of the most sophisticated and important natural resource treaties to share in the world.[2] The Treaty provides the United States with “assured flood control” in exchange for providing Canada financial support for… Continue reading Columbia River Treaty’s 49th Anniversary: Preparing for Upcoming Re-negotiations

LNG Exports: Why Permits to Non-FTA Countries Need Expediting

By: Brody Miles, Notes Editor Recently, liquefied natural gas (LNG)[1] export permits have been a point of contention. This has become newsworthy since the United States has been extracting natural gas at record levels.[2] By using the method of hydraulic fracturing (fracking), private industries have been able to obtain previously unattainable reservoirs of natural gas.[3]… Continue reading LNG Exports: Why Permits to Non-FTA Countries Need Expediting

The Coal Residual Reuse and Management Act

By: Elizabeth Elliott, Associate On June 3, 2013, the U.S. House of Representatives (“House”) introduced the Coal Residual Reuse and Management Act of 2013. While two similar bills previously died in the Senate, Senator McKinley, who introduced the failed bills, stated that this time is different because the House bill was written with input from… Continue reading The Coal Residual Reuse and Management Act

Regulating Fracking by Protecting Plants and Wildlife

By: Rose Wilkinson, Article Editor The potential environmental impacts of hydraulic fracturing (“fracking”) as they relate to human health have been discussed at great depth, but there are relatively few major federal laws governing fracking activities.[1] Paradoxically, much less has been written on the potential implications of fracking on endangered species of plants and nonhuman… Continue reading Regulating Fracking by Protecting Plants and Wildlife

Closing Thoughts from the 2013 Shapiro Conference: The Way Forward to a Sustainable Energy Future

This year’s J.B. and Maurice C. Shapiro Conference finished strong at GW Law on Thursday with a lively concluding dialogue.[1] Centered on a big picture discussion of where we are headed in the realm of sustainable energy development, this event was a culmination of the conference’s eight previous panels. Over the course of two days,… Continue reading Closing Thoughts from the 2013 Shapiro Conference: The Way Forward to a Sustainable Energy Future

Protecting the Environment: It’s Not Just about Saving the Whales

Environmental issues are not just environmental issues anymore.[1] Increasingly, the human population has come to recognize that working to protect the world from global climate change is not important merely because we think that that two-degree-Celsius change might make it a little more necessary to don a pair of shorts and show off legs we… Continue reading Protecting the Environment: It’s Not Just about Saving the Whales

Repealing Renewable Portfolio Standards: A Raw Deal for North Carolina

North Carolina has become the central front in a national offensive aimed at rolling back renewable portfolio standards (RPSs), the state laws that require utilities to obtain a certain percentage of the electricity they distribute from technologies that use renewable fuel sources like our rivers, woods, and wind.[1]  While RPS adversaries argue that these standards… Continue reading Repealing Renewable Portfolio Standards: A Raw Deal for North Carolina

The 2012 WTO’s Appellate Body Tuna-Dolphin Decision: The End of a Saga, the Beginning of a Stronger Dolphin-Safe Label Regime?

On May 16, 2012, a twenty-year old tuna-dolphin dispute culminated with the World Trade Organization (WTO) Appellate Body (AB) ruling that the U.S’s dolphin safe labeling program discriminates against Mexican tuna imports, violating the WTO Agreement on Technical Barriers to Trade (TBT).[1] As a threshold matter, Mexico claimed that the labeling regime was a mandatory… Continue reading The 2012 WTO’s Appellate Body Tuna-Dolphin Decision: The End of a Saga, the Beginning of a Stronger Dolphin-Safe Label Regime?

Frackademia? Does Industry Have a Role to Play in University Studies of Hydraulic Fracturing?

The University of Texas (“UT”) Energy Institute (“Energy Institute”) released a report in February 2012 purporting to have found no definitive link between hydraulic fracturing (“fracking”) and groundwater contamination.[1]  Instead, the report blamed supposed instances of contamination on faulty well construction or potential surface spills of wastewater produced during shale gas drilling.[2]  Such a report… Continue reading Frackademia? Does Industry Have a Role to Play in University Studies of Hydraulic Fracturing?