Editor's note

Author:Luke Trompeter - Ingrid Lesemann
Position:Co-Editor in Chief - Co-Editor in Chief
the United States lags behind many other countries because they
have more effectively applied the principles of the Three Rs
within their own waste management systems on a national level.
Alycia Kokos argues that the South African Constitution which
grants every citizen has the right to have access to sufcient
water needs to be qualitatively dened to ensure that the govern-
ment is held accountable, and thus compelled to take action.
Amanda Stoner demonstrates how the permitting process
under the Clean Water Act is better suited to regulate large
dischargers such as “industrial, commercial, and municipal
point sources” rather than individual septic systems in remote
communities of Appalacia because people living in economi-
cally depressed areas are unable to apply for permits, pay an
application fee, and volunteer to be monitored by govern-
ment authorities. Alexandra Nolan discusses the downfall of
the Urban Housing and Development Act of 1992 in Manila,
Philippines and how it is being constitutionally challenged by
citizens losing their homes to foreign corporations. Elena Franco
asserts that the review of new infrastructure projects should take
into account the relationship between the built environment, cli-
mate change, and natural disasters because this interconnected-
ness poses additional vulnerability to our infrastructure and our
population. Mark Yurich discusses how the workers in the Gig
Economy are seeking reclassication from independent contrac-
tors to employees under the Fair Labor Standards Act and other
state laws in order to receive employment benets, including
minimum wage and overtime protection.
On behalf of the Sustainable Development Law and Policy
staff, we would like to thank all of the authors who contributed
their time, efforts, and scholarship to this issue. We would also
like to thank our staff for all of their hard work and dedication
to SDLP. Lastly, we would like to thank our readers for your
continuing interest and support of SDLP.
Luke Trompeter Ingrid Lesemann
Co-Editor in Chief Co-Editor in Chief
2Sustainable Development Law & Policy
Each decade, new challenges present themselves to the
citizenry of the globe. Some challenges include concerns
about the environment, technological innovation, economic
productivity, and international competitiveness. Investment
in infrastructure facilities is crucial to addressing these chal-
lenges. Numerous past infrastructure investments have been
responsible for signicant improvements in the overall quality
of life in terms of health, safety, economic opportunity, and
leisure time and activities. Yet, much remains to be done if we
desire a future with a cleaner environment, with safer urban
streets, with increased mobility and economic opportunity
for the disadvantaged, and with an economy well equipped to
compete in the international arena.
In attempting to answer the query of “Why is infrastructure
important?” this issue of the Sustainable Development Law &
Policy Brief seeks to highlight the linkages between infrastruc-
ture and overall quality of life as well as the potential importance
of public infrastructure spending to the aggregate economy. Our
rst article, A Nuclear Threat: The Tenth Circuit’s Shocking
Misinterpretation of Preemption Demanding an Amendment to
the Price-Anderson Act, by Stephanie Fishman analyzes how
the Tenth Circuit’s misinterpretation of the “nuclear incident”
at Rocky Flats will negatively impact innovation in an industry
critical to essential human services such as energy, power, and
national security, and thus renders nuclear market participants
susceptible to a new and undened liability. Author Florianne
Silvestri in her article, Wind Power and the Legal Challenges
with NEPA and the ESA uses the state of Ohio as a case study to
discuss how the wind energy sector must often overcome legal
challenges such as the National Environmental Policy Act and
Endangered Species Act.
This issue also includes seven featured articles exploring
other important infrastructure topics. Nicole Waxman argues
that the United States Supreme Court’s weakening of the
waiver of federal sovereign immunity under the Comprehensive
Environmental Response, Compensation and Liability Act is
preventing federally-contaminated sites such as the Washington
Navy Yard from being fully remediated. Our second featured
article by Kate Juon asserts that although the slogan, “reduce,
reuse, and recycle” (“Three Rs”) originated in the United States,
Editors’ NotE
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