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- Carbon-Major Corporations (1)
- Climate Litigation (1)
- Directors' Duties (1)
- Indigenous rights; climate change; reserved water rights; fishing rights; law and science; instream flows; Physical Habitat Simulation modelling; Instream Flow Incremental Methodology; environmental justice; climate justice; environmental risk (1)
- Public interest (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely, Lucius K. Caldwell
Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely, Lucius K. Caldwell
Utah Law Review
The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millenia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish habitat pursuant to the Winters Doctrine, which holds that the federal government impliedly reserved water rights for tribes when reservations were created. Recently, the methodology for quantifying these rights has been the Instream Flow Incremental Methodology (IFIM) and/or one of its major components, the Physical Habitat Simulation Model (PHABSIM). These models …
Restoring The Public Interest In Western Water Law, Mark Squillace
Restoring The Public Interest In Western Water Law, Mark Squillace
Utah Law Review
American Western states and virtually every country and state with positive water resources law are in perfect agreement about the wisdom of treating their water resources as public property. Not surprisingly, this has led most Western states to articulate a goal of managing these resources in the public interest. But the meaning of the term “public interest,” especially in the context of water resources management, is far from clear. This Article strives to bring clarity to that issue. It begins by exploring three theoretical approaches that might be used for defining the public interest in water resources law before urging …
The Road To Paris Runs Through Delaware: Climate Litigation And Directors’ Duties, Lisa Benjamin
The Road To Paris Runs Through Delaware: Climate Litigation And Directors’ Duties, Lisa Benjamin
Utah Law Review
As political and regulatory battles over climate change rage in the United States, and the Trump Administration unwinds regulation on climate change, the directors of some of the largest, fossil fuel corporations, often referred to as “carbon-majors”, are facing a barrage of climate litigation claims. This is the second time directors of these corporations have faced litigation. The first wave of litigation against carbon majors failed for a number of reasons, including judicial reluctance to engage with the complex issue of climate change. However, climate litigation is evolving. In this second wave of litigation judges have started to engage more …