Archive for Vol. 3, No. 2 (Spring 2013)

Environmental Tax Policy in the United States: A “Bit” of History

By Mona L. Hymel – If environmental tax policy addresses the development of new energy sources—“environmentally friendly” energy—this Article analyzes the “non‑environmental” tax history of our old energy sources, primarily oil and gas (not “environmentally friendly”). Through a historical analysis of federal tax incentives and subsidies used to build the existing energy industry, the Article demonstrates that the United States must provide significant investment incentives in renewable and alternative energy technology if we hope to achieve a sustainable society.

Are State Watercraft Inspections Constitutionally Permissible Searches?

By Emi Kondo, Paula Cotter, and Stephanie Showalter Otts – In response to the discovery of quagga and zebra mussels in the region, many Western states have developed and implemented watercraft inspection programs to prevent the transport of quagga and zebra mussels to unaffected waters. This Article addresses the states’ legal authority to implement watercraft inspection programs to prevent the further spread of invasive mussels, focusing primarily on the permissibility of such programs under the Fourth Amendment to the U.S. Constitution.

Preventing the Spread of Zebra and Quagga Mussels: The Role of the Lacey Act

By Rachel White & Stephanie Showalter Otts – The Lacey Act contains two key provisions. Title 16 prohibits wildlife trafficking and elevates the violation of state, tribal, or foreign wildlife laws to federal offenses. Title 18 prohibits the importation and interstate transportation of listed injurious species, including zebra mussels. This Article provides an overview of Title 16 and 18 and discusses the federal enforcement challenges associated with invasive mussel cases. The Article concludes with a discussion of the states’ primary enforcement role and proposals for Lacey Act reform.