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Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.

Lender Liability Under Cercla: Options For Lenders Faced With Potential Liability, John Charles Bell

Buffalo Environmental Law Journal

No abstract provided.

The Ethical Implications, Political Ramifications And Practical Limitations Of Adopting Sustainable Development As National And International Policy, Gary D. Meyers, Simone C. Muller

Buffalo Environmental Law Journal

This paper is a revised version of a presentation given by Dr. Meyers at the International Conference on a Sustainable Society, Kobe, Japan (March 19-21, 1994).

Livestock Production: The Unsustainable Environmental And Economic Effects Of An Industry Out Of Control, Robert H. Smith

Buffalo Environmental Law Journal

No abstract provided.

Environmental Law At Maryland, No. 5, Fall 1996

Environmental Law at Maryland

No abstract provided.

The Big Push: Emigration In The Age Of Environmental Catastrophe, William Plummer

Indiana Journal of Global Legal Studies

No abstract provided.

Turning Back The Clock: The Unfunded Mandates Reform Act Of 1995 And Its Effective Repeal Of Environmental Legislation, Susan E. Leckrone

Indiana Law Journal

No abstract provided.

Essay—Insurance Coverage For Environmental Clean-Up Costs Under Comprehensive General Liability Policies, Jim L. Julian, Charles L. Schlumberger

University of Arkansas at Little Rock Law Review

No abstract provided.

Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette

Natural Resources Journal

No abstract provided.

Global Trends And The Future Of National Forests, Nels C. Johnson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

23 pages.

Contains 3 pages of references.

Forest Planning On The National Forests Under Ecosystem Management, John Sessions, K. Norman Johnson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

17 pages.

Contains 2 pages of references.

Nfma And Ecosystem Management, Richard L. Knight

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

8 pages.

Contains 1 page of references.

Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael

Indiana Law Journal

No abstract provided.

Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna

Faculty Scholarship

If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …

Environmental Protection Agreements In Japan And The United States, Susan Ridgley

Washington International Law Journal

In an environmental protection agreement, local government regulatory authorities and the regulated industry enter into a binding written agreement that specifies limits on pollution and supplements the applicable regulatory requirements. They have been utilized in Japan for over twenty years. This Comment discusses the content and practical uses of these agreements as they have been used in Japan, and postulates their legal status under three theories: that such agreements are relational social contracts; that they are informal administrative guidance; and that they are civil contracts. The legal character of environmental protection agreements in Japan has never been well-defined, primarily because …

Reform Of The Endangered Species Act: Overview Of Administrative Reforms [Congressional Hearing Material Submitted By Bruce E. Babbitt, Secretary, Department Of Interior], Dinah Bear

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

31 pages.

Biodiversity Protection And Ecosystem Management: Aspirational Goals Or Law-To-Apply?, Oliver A. Houck

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

7 pages.

Contains references.

Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

9 pages.

Columbia River Salmon: Are Any Of The Esa Tools Adequate For The Job?, John M. Volkman

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

32 pages.

Contains footnotes.

A Comparison: Lessons From The Columbia Basin And The Upper Colorado Basin Fish Recovery Efforts, Mary Christina Wood

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

47 pages.

Contains 5 pages of references.

The Endangered Species Act—Economic Impacts: The Perception And The Numbers, Jon A. Souder

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

13 pages (includes illustrations).

Contains 2 pages of references.

Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

Contains 3 pages of references.

Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.

All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …

The Environmental Threat Of Military Operations, William M. Arkin

International Law Studies

No abstract provided.

Wisdom Across The Atlantic: North America And The European Experience, Paul S. Kibel

Publications

No abstract provided.

International Water Law And The Protection Of River System Ecosystem Integrity, A. Dan Tarlock

Brigham Young University Journal of Public Law

No abstract provided.

Interstate Compacts That Are For The Birds: A Proposal For Reconciling Federal Wetlands Protection With State Water Rights Through Federal-Interstate Compacts, Erik G. Davis

Brigham Young University Journal of Public Law

No abstract provided.

Resource Law Notes Newsletter, No. 37, Spring Issue, Apr. 1996, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Environmental Realpolitik: Joint Implementation And Climate Change, Thomas C. Heller

Indiana Journal of Global Legal Studies

Professor Heller's article discusses why there has been little

progress after the Rio Earth Summit in developing the Framework

Convention on Climate Change. He argues that, beyond the scientific

uncertainties about climate change and its economic impacts,

agreement on the legal structure of a comprehensive regime has been

hampered by institutional factors. These include: the political

discounting of damage to future populations, the diverse risks of

global warming in different regions, and the distrust in many nations

with market instruments, like taxes or tradable permits, that are

favored by many industrial nations dependent on fossil fuels.

Resolving these problems will …

Loss Of Protection As Injury In Fact: An Approach To Establishing Standing To Challenge Environmental Planning Decisions, Miles A. Yanick

University of Michigan Journal of Law Reform

As currently interpreted by the United States Supreme Court, Article III of the Constitution creates a significant hurdle for plaintiff citizen groups seeking standing to challenge environmental planning or management decisions. In particular, plaintiffs have had difficulty in making the required showing of an 'injury in fact" where an agency has not yet approved a site-specific action but has approved only a general plan for an area to govern future site-specific actions. The Supreme Court has not articulated a clear rule for standing to challenge the latter type of agency decision making, and the courts of appeals for the various …