The George Washington Journal of Energy & Environmental Law

Nuclear power has been a controversial topic that has both fascinated and scared us at the same time. While nuclear energy is a significant source of power in this country and it is more efficient and “clean” than fossil fuels,[1] it also poses substantial drawbacks.  In addition to issues surrounding nuclear waste,[2] the potentially devastating effects of a major release of radiation into the air and water are frightening. Radiation has been known to cause cancer, genetic mutations, psychological problems,…

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In May 2012, the Quechan Tribe of the Fort Yuma Indian Reservation filed a lawsuit against the Department of the Interior (DOI) to stop the development of a large wind farm on public land in California.[1]  The tribe expressed their concerns to the Bureau of Land Management (BLM) in the months leading up to the lawsuit, stating that the project site “contains geoglyphs, petroglyphs, sleeping circles, milling features, agave roasting pits, ceramics and rare artifacts,” and that “construction of the…

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Unlike other natural resources, such as fossil fuels or crops, there is no substitute for water.[1] Despite this crucial fact, the world’s water supply remains under assault from overuse and pollution.[2] Even as environmental topics such as climate change remain mired in political struggle, water scarcity issues are absent from American political dialogue in many areas of the country.[3] This fact is particularly troubling when one considers that at least 36 U.S. States will have severe water shortages within the…

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On Aug. 21, 2012, a D.C. Circuit panel decided EME Homer City Generation, L.P. v. EPA, which vacated the EPA’s 2011 Cross-State Air Pollution Rule (“CSAPR”).[1]  The rule, formulated after a 2008 D.C. Circuit decision remanded a prior incarnation of the rule,[2] sought to reduce pollution emitted from upwind states that impairs air quality in downwind states.[3]  It was promulgated under the authority of the “good neighbor” provision of the Clean Air Act (“CAA”), section 110(a)(2)(D), which requires states to…

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In May of 2012, the World Trade Organization (WTO) dealt a blow to consumer choice in the United States: it declared that the “dolphin-safe tuna” labels lining the shelves of grocery stores across the country are illegal because they unfairly restrict trade.[1]   The WTO appellate decision was in response to a complaint by Mexico that the US dolphin-safe tuna labels are discriminatory to Mexican-caught tuna,[2] which does not qualify for dolphin-safe labeling under Department of Commerce regulations.[3]  The US now…

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Presently, the two main technologies capable of allowing coal-fired power plants to generate power on a commercial scale with near zero carbon emissions are Oxy-Coal Combustion (“Oxy-Coal”) and Integrated Gasification Combined Cycle (“IGCC”).[1]  Several commercial scale projects will use or are already using IGCC technology;[2] however, only one commercial scale project is planning to use Oxy-Coal technology,[3] and that project’s future is uncertain.[4]  That project is FutureGen 2.0.[5]  This is somewhat disconcerting considering the fact that several studies conducted by…

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Much has been written and studied on the topic of global warming since Svante Arrhenius—drawing on the earlier work of Joseph Fourier—first hypothesized in 1896 that the level of water vapor in the atmosphere increases as CO2 levels increase, that the presence of additional water vapor enhances the heat-trapping effects of CO2,[1] and that fossil fuels are a major source of the CO2 that drives this pernicious process.[2]   The most current estimates project a 5.12ºC increase in surface air temperature…

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Our oceans and coasts are in crisis.[1] Faced with the devastating impacts of global warming, overfishing, industrialization, and pollution,[2] the health of marine ecosystems are at a tipping point and deteriorating rapidly. In 2010, President Obama issued an Executive Order[3] that created America’s first National Ocean Policy. This new national policy created a window of opportunity to address the plight of failing marine ecosystems and fix a broken system of ocean governance.  For reasons that have to do with federalism…

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There are few places left in our industrialized world that have been left untouched.  Antarctica, never having a native population, is one of these unique wild places that have somehow escaped the grasp of human pillage. [1]  Referred to as “Earth’s last great wilderness,” this uninhabited land indicates how humans have impacted the world and how Antarctica impacts us.[2]  Antarctica is home to many complex plant and animal communities which, given the extreme and changing climate, have a tenuous existence.[3]…

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Over time, fishing has evolved from a sustenance-based activity to a lucrative commercial industry.[1] This shift from sustenance to commercial fishing, however, is not without its consequences. The high economic value of certain marine life has encouraged overfishing and, consequently, decimation of certain fish populations.[2] As a species becomes increasingly threatened and harder to obtain, the price of these species and the economic incentive to continue exploiting them dramatically increases.[3] In addition, commercial fishing leads to extensive bycatch, where unwanted…

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