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Full-Text Articles in Law
The Greenback, The Humpback, And The Silverback: How A Third Wave Of Federal Water Policy Could Benefit The West, Reed D. Benson
The Greenback, The Humpback, And The Silverback: How A Third Wave Of Federal Water Policy Could Benefit The West, Reed D. Benson
Faculty Scholarship
Proposing any major new federal initiative regarding water in the western United States might seem preposterous, given conventional wisdom and entrenched positions on state control of water resources. But there is a strong rationale, and a growing imperative, for a new federal water .policy for the West. Many river basins face serious problems as limited water supplies are over-allocated, demands continue to increase, and climate change promises to exacerbate the West's perennial problems of scarcity and variability. Solutions to such problems are likely to be expensive and will need to address national interests as well as state and local concerns. …
Tribal Environmental Programs: Providing Meaningful Involvement And Fair Treatment, Jeanette Wolfley
Tribal Environmental Programs: Providing Meaningful Involvement And Fair Treatment, Jeanette Wolfley
Faculty Scholarship
Tribal governments are developing and implementing federally authorized and/or approved tribal environmental programs in the areas of water quality, air quality, and solid waste. As part of this federal delegation process there are federal requirements relating to due process and fair treatment of the public and stakeholders who may be affected by the tribal environmental laws and regulations. This article explores and examines public participation and due process within the tribal context and proposes tribal institutions are in the best position to articulate the tribal cultural and social norms of public participation and fair treatment. It is through this process …
Creatures Of Circumstance: Conflicts Over Local Government Regulation Of Oil And Gas, Alex Ritchie
Creatures Of Circumstance: Conflicts Over Local Government Regulation Of Oil And Gas, Alex Ritchie
Faculty Scholarship
Scholars periodically note the impending upsurge in local oil and gas regulation, offering various reasons for increased local action. Papers written only a few years ago attribute greater local action in the West to population growth, increased urbanization, and increased demand for energy. Consider, however, more recent phenomena. First, population migration from more liberal states to more traditionally conservative producing states likely plays a role, as new residents [11-4] bring perspectives opposing drilling activity. Second, while the suburbs continue to expand into the oil patch, the oil patch has expanded into the suburbs and urban areas as well. Hydraulic fracturing …
Environmental Issues In The Allocation And Management Of Western Interstate Rivers, Reed D. Benson
Environmental Issues In The Allocation And Management Of Western Interstate Rivers, Reed D. Benson
Faculty Scholarship
No abstract provided.