Public Lawyers and Marijuana Regulation

Although 23 states and the District of Columbia have now legalized marijuana for medical purposes, marijuana remains a prohibited substance under federal law. Because the production, sale, possession and use of marijuana remain illegal, there is a risk of prosecution under federal laws. Furthermore, those who help marijuana users and providers put themselves at risk — federal law punishes not only those who violate drug laws but also those who assist or conspire with them to do so. In the case of lawyers representing marijuana users and businesspeople, this means not only the real (though remote) risk of criminal prosecution but also the more immediate risk of professional discipline. Elsewhere, we wrote about the difficult place in which lawyers find themselves when representing marijuana clients. We argued that while both the criminal law and the rules of professional conduct rightly require legal obedience from lawyers, other countervailing factors must be considered when evaluating lawyers’ representation of marijuana clients. In particular, we asserted that considerations of equity and access to justice weigh dispositively in favor of protecting lawyers who endeavor to help their clients comply with state marijuana laws, and we suggested means of interpreting relevant criminal law provisions and rules of professional conduct to achieve this result. This article builds on that analysis, taking on the particular issue of the public lawyer’s’ role in marijuana regulation. For government lawyers, the key issues in exercising discretion in the context of marijuana are not clients’ access to the law and equality but rather determining the clients’ wishes and serving them diligently and ethically. Lawyers representing state agencies, legislatures and the executive branch of government draft and interpret the rules and regulations regarding marijuana. Lawyers for federal, state and local governments then interpret those rules to determine the obligations and responsibilities of those they represent and to help their clients meet those obligations and carry out their required tasks. Both state and federal prosecutors are charged with determining what conduct remains illegal under the new rules and, perhaps more importantly, with exercising discretion regarding whom to prosecute and to what extent. Marijuana regulation is not a niche area of government regulation; it will influence the practice of virtually every public lawyer in the years to come. Public lawyers must understand the changes in marijuana law and the implications for government clients. Given the pervasiveness of the modern regulatory state, the situation is no easier — and, in many ways, it is more complicated — for public lawyers than it is for private ones. Public lawyers face myriad practice challenges with respect to marijuana law reform, and while we do not purport to identify and resolve all of the issues that are sure to arise in this short paper, we hope that the article helps alert public lawyers to some of the risks involved in participating in marijuana regulation so that they can think carefully about their obligations when these issues arise.

Affordable Environmental Cleanup Actions at Abandoned Hard Rock Mine Sites

Abandoned mine land cleanups are limited by restrictive regulations, inconsistent and unavailable funds, and a lack of adequate protections for stakeholders attempting to improve site conditions. This study evaluated examples of two cleanup mechanisms: an EPA-lead CERCLA cleanup and a state-lead, stakeholder-funded approach. The case studies showed that CERCLA provides the most comprehensive funding mechanism for abandoned mine cleanups while offering very little flexibility. State-lead programs allow for more flexibility, yet states are bound by federal laws and are hampered by lack of funding. Case analysis determined that any new approach should provide adequate funding, be flexible in its cleanup criteria, and minimize liability for those undertaking cleanups. It must also protect human health and promote natural ecological recovery.

Candidate Conservation Agreements to Minimize Military Conflicts with Wildlife Laws: The Gopher Tortoise (Gopherus polyphemus)

The proposed Endangered Species Act listing of the gopher tortoise has the potential to impact the military mission at installations in the southeastern United States. Candidate Conservation Agreements with the U.S. Fish and Wildlife Service could be a tool to promote conservation and potentially preclude listing. This project identified military activities that could be affected and determined that military natural resources managers are unsure if such an agreement would prevent impacts to the military mission or impose the same restrictions as federal listing. This project found that if a gopher tortoise Candidate Conservation Agreement can be developed such that it benefits the species as well as the military, it should be used as a model for other species.

Geothermal Electricity Generation in Colorado: Actual and Perceived Obstacles to Greater Implementation

The objective of this paper is to provide an analysis of the potential and obstacles to the development of geothermal energy resources in Colorado. Geothermal energy is the only renewable resource that can provide base-load electricity. While Colorado has significant geothermal energy potential, there are no such power plants. Layers of federal and state laws and regulations represent one barrier to further geothermal development. Transmission constraints represent another major barrier. High exploration and construction costs along with high-risk profiles for geothermal projects form another major barrier. Perceived barriers such as misunderstanding the impacts, risks, and benefits of geothermal energy hinder further development. Recommendations are provided to help overcome these obstacles.

Development of a Household Pharmaceutical Waste Collection Program for Atlanta, Georgia: An Analysis of Risk Factors and Public Awareness with a Comprehensive Collection Plan

Decades of mixed messages from three federal agencies left many Americans unaware of the hazards associated with the indiscriminate disposal of unwanted or expired medicines. For this Capstone project, a systematic review of state and federal regulations was undertaken to determine how these laws obstruct household pharmaceutical waste collection. In addition, a survey of 654 Atlanta residents was conducted to evaluate unwanted medicine disposal habits, awareness of pharmaceutical compounds being detected in drinking water, surface, and ground waters, and willingness to participate in a household pharmaceutical waste collection program. Survey responses were tabulated to provide overall results and by age group, gender, and race. A household pharmaceutical waste collection plan was developed for the city and included as an appendix.

Solid Waste Management And Regulations in the Marshall Islands

The Marshall Islands, a small island developing nation, has a significant solid waste problem. The atoll environment of the Majuro, the capital of the Marshall Islands, is one of scarce land and overpopulation. Increasing Western influences has been a major factor in this solid waste problem. This problem has created health issues and is an impediment to the development of a tourism industry, which is essential to the development of economic opportunities. Responsibility for solid waste management in Majuro is divided between several governmental and non-governmental agencies. This system is dysfunctional as there is little or no cooperation between the agencies. Although many consultants have developed recommendations, no action has been taken. Developing an action plan to consolidate solid waste management under one authority is important to solving of this solid waste problem. This project proposes legislation creating a solid waste management authority that will have the power to regulate all aspects of solid waste and help implement education and awareness to the people of the Marshall Islands.