Arizona Journal of Environmental Law & Policy, Volume 15, Issue 2 (2025)
ABOUT THIS COLLECTION
The Arizona Journal of Environmental Law & Policy (AJELP) is an interdisciplinary online publication that examines environmental issues from legal, scientific, economic, and public policy perspectives. This student-run journal publishes articles on a rolling basis with the intention of providing timely legal and policy updates of interest to the environmental community.
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Recent Submissions
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Conservation Easements and Bison Restoration on the Wind River Indian Reservation: Exploring Opportunities, Challenges, and Alternatives [Article]The Wind River Tribal Buffalo Initiative (WRTBI) aims to restore bison to the Wind River Indian Reservation (WRIR) in Wyoming through land acquisition and conversion to bison pasture, with the ultimate goal of returning the land to tribal ownership. Conservation easements, as voluntary legal agreements that restrict land use to protect conservation values, could be a valuable tool in facilitating the acquisition of private land for bison pasture expansion on the WRIR. However, the use of conservation easements in this context presents unique challenges, including potential impacts on the fee-to-trust process, concerns regarding tribal sovereignty, and the enforceability of easements on tribal lands. This Article explores various scenarios for achieving the WRTBI’s goals, such as the Jackson Hole Land Trust (JHLT) holding a conservation easement on fee land within the WRIR, supporting the creation of a tribal land trust, and the Wind River Tribes holding the land in fee title rather than converting it to trust status. Each scenario is evaluated based on its potential benefits and drawbacks, including the provision of funding for bison restoration, protection of land from development, and support for tribal sovereignty.
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It’s Time to Take Out the Trash: Does Article IX of the Outer Space Treaty Require the Development of Active Debris Removal Technologies? [Article]If it does not, it should and can be made to. The creation and longevity of space debris in Earth’s orbit pose a massive international problem. The rate of the generation of space debris is significantly increasing. At an unknown but proximate time, debris collisions could trigger a cascade effect that eliminates humanity’s access to space for at least hundreds of years unless prompt mitigatory, collective action is undertaken. Academics have proposed a plethora of solutions. Most of those solutions are not viable because they fail to appropriately consider incentives, they misunderstand the recent and developing multipolar geopolitical paradigm shift, they would take too long or cost too much, or some combination of all of these factors. Unilateral action by the United States and determined, collective action by American corporations could greatly ameliorate the space debris problem. The Outer Space Treaty of 1967 (OST) is the best conduit for prompt and effective action in this manner. Article IX of the OST delineates how states cannot interfere with each other’s activities in space. While scholars have produced heaps of descriptions and interpretations of the Article IX phrases “due regard” and “harmful contamination,” the key for solving the space debris crisis may lie in the relatively ignored phrase: “appropriate measures.” The appropriate measures clause in Article IX, which is the ideological framing of Article I, might mandate funding the development of active debris removal (ADR) technologies for space-capable states. Those articles, combined with consideration for Article VI, which endows private action with national attribution and responsibility, could allow a synergy between the United States and ADR companies that could shape international law and form a pragmatic solution to the space debris crisis.
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How Joint Management of the Fena Valley Reservoir Furthers the Cooperative Endeavour Towards Self-Determination of the People of Guam [Article]The Fena Valley Reservoir and Wastewater Treatment Plant is one of the remaining utility systems in Guam wholly owned and managed by the Navy. The Navy maintains these systems to support its military installations, while selling treated water to the local government. The transfer to the local government stands to demonstrate an ongoing cooperative relationship to bring Guam closer to self-determination. However, principal obstacles include: (1) lack of guidance from Congress for utility systems transfers in overseas territories; (2) Guam’s struggles to meet current and growing demand and resolve environmental challenges; and (3) balancing the United States’ interests in promoting self-determination and military priorities. There should be a transfer of ownership and management of Fena for three reasons: (1) the transfer is consistent with the Department of Defense’s congressional authorization for utility privatization; (2) the “One Guam Initiative” between Guam and the Navy allows for improvement and integration of utility systems to meet the growing civilian population and military buildup; and (3) the transfer is a unique opportunity for the United States to demonstrate its commitment to promoting the wellbeing of those that have not yet attained a full measure of self-government.
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Baby, It’s (Not as) Cold Outside: Applying the National Environmental Policy Act to Antarctic Research Stations [Article]Antarctica is an environmentally critical and fragile region, yet human activities and climate change continue to harm the continent. Despite the environmental protections mandated by the Antarctic Treaty, the operation of U.S. Antarctic research stations continues to present material harms to the region, and gaps in the Treaty’s legal framework allow research station operations to escape full environmental oversight. The U.S. National Environmental Policy Act (NEPA), a procedural statute guiding federal agency decisions, can supplement these gaps in environmental protections, but its application to Antarctica is challenged by the presumption against extraterritoriality. Yet, strong precedent exists for NEPA’s extraterritorial application outside traditional U.S. jurisdiction. In one pivotal case, NEPA applied extraterritorially to waste management activity at a U.S. Antarctic research station, but this statutory application was confined to agency decision-making that occurred within the domestic United States. This precedent should be extended to warrant NEPA’s true extraterritorial application to Antarctic research station operations. Such extraterritorial application is justified by the United States’ significant legislative control in Antarctica, the absence of foreign policy conflicts, and the broader global implications of continued Antarctic degradation. Implementing NEPA at U.S. stations would enhance environmental oversight and reinforce global Antarctic conservation efforts.
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Table of ContentsThe University of Arizona James E. Rogers College of Law (Tucson, AZ), 2025