Law Commons^™

Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa

Publications

No abstract provided.

Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel

Richard A Grisel

This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries …

Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar

The Future of Natural Resources Policy (December 6)

18 pages (DO-5 through DO-22).

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Liquid Assets: Groundwater In Texas, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.

The Illusion Of The Blue Flame: Water Law And Unconventional Gas Drilling In New York, Anne Marie Garti

Elisabeth Haub School of Law Student Publications

This article explores the question of whether natural gas can still be considered a clean fuel by probing the relationship of water law and hydraulic fracturing in New York State. The paper begins by explaining the geology of tight shales, the engineering techniques needed to extract gas from solid rock, and the density and location of drilling that would be allowed under New York State law. Relying on information provided by the New York State Department of Environmental Conservation, scientific studies, and press accounts of the unprecedented citizen advocacy on this matter, it goes on to show the sharp distinction …

Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra

Ganesh Chandra

The new agricultural technologies are considered to be the prime mover to the process of agricultural development in India. Understanding farmers’ perceptions of a given technology is crucial in the generation and diffusion of new technologies and farm household information dissemination. Pulses in India have long been considered as the poor man’s only source of protein. Moongbean (green gram) is one of the important pulse crop in India, plays a major role in augmenting the income of small and marginal farmers of Sundarban. Constraints are the circumstances or causes, which prohibit farmer to adopt improved farm technology. This constraint study …

Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel

Chicago-Kent Law Review

The environmentally controversial process of hydraulic fracturing (commonly referred to as "fracking") has led to a recent explosion in the supply and sale of natural gas in the United States. However, every fracking operation creates a sizable amount of toxic wastewater that requires disposal, and drillers in Pennsylvania have increasingly been shipping their waste across the border to Ohio because of Pennsylvania's inadequate internal disposal options. In response, Ohio has passed legislation that taxes out-of-state fracking waste at a greater rate than waste derived from natural gas drilling within its borders. This Note examines whether Ohio's taxing scheme violates the …

Water Bankruptcy, Christine A. Klein

UF Law Faculty Publications

Many western states are on the verge of bankruptcy, with debts exceeding assets. And yet, they continue to take on additional debt through contracts and other commitments. Although this distress sounds like an outgrowth of the 2008 recession, this crisis involves water, not money. In particular, the problem concerns the western prior appropriation system of water law, which allocates the right to use water under the priority principle of “first in time, first in right.” In many states, the system is so “over-allocated” that it promises to deliver annually much more water than nature provides. The crisis will deepen as …

Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein

Faculty Scholarship

The May 25, 2012, report — entitled EPA Inaction in Identifying Hazardous Waste Pharmaceuticals May Result in Unsafe Disposal — disapproved of EPA’s lack of progress in determining whether certain pharmaceuticals found in surface, ground, and drinking water qualify as hazardous waste, as well as in establishing an evaluation and regulatory process for pharmaceutical wastes. As a result of the report, EPA is now considering mechanisms for assessing and regulating the presence of certain pharmaceutical products in the environment as hazardous wastes under the Resource Conservation and Recovery Act.

Slides: Survey Of State Sampling And Monitoring Rules, Kathryn Mutz, Josh Kruger

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenters: Kathryn Mutz and Josh Kruger, Natural Resources Law Center, University of Colorado Law School

7 slides

Slides: Routes To Sustainability: Natural Gas Development And Air And Water Resources In The Rocky Mountain Region, Mark Williams

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Mark Williams, University of Colorado Boulder

14 slides

Slides: Overview Of Colorado Aquifer Systems, Christopher J. Sanchez

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Christopher J. Sanchez, P.G., BBA Water Consultants, Bishop-Brogden Associates, Inc.

28 slides

Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Alan E. Curtis, White & Jankowski, LLP

23 slides

Slides: What Went Wrong At Divide Creek?, Matthew Sura

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Attorney Matthew Sura, Former Director of Western Colorado Congress, graduate of University of Colorado Law School; attorney specializing in representation of landowners and mineral owners in oil and gas transactions and disputes

17 slides

Slides: Colorado’S Groundwater Protection Program, Andrew Ross

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Andrew Ross, Colorado Department of Public Health and Environment

22 slides

Slides: The Role Of Groundwater Sampling/Monitoring: Cogcc Proposed Rule 609, Gene Florentino

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Gene Florentino, PG, Walsh Environmental Scientists and Engineers

14 slides

Further Information: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

1 page.

"For Further Information" (URLs):

COGCC

Rules and Proposed Rules from Other Jurisdictions

Sampling Protocols

Impacts

Agenda: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

This workshop is cosponsored by the Intermountain Oil and Gas BMP Project and the Colorado Water and Energy Research Center, with financial support from the Environmentally Friendly Drilling Project and the CU-Boulder Outreach Committee.

The Colorado Oil and Gas Conservation Commission (COGCC) recently initiated a rule making process to develop new, statewide regulations for baseline sampling and monitoring of groundwater near new oil and gas wells. COGCC’s first rule making hearing was held November 14; the rule is expected to be finalized December 10. This workshop will discuss oil and gas development procedures that can impact groundwater, the current rules …

Slides: Proposed Statewide Baseline Groundwater Sampling And Monitoring Rules, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Oil And Gas Conservation Commission

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado Law School

16 slides

Slides: Research On Ground Water Monitoring, Matt Samelson

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Matt Samelson, Natural Resources Law Center and the Donnell-Kay Foundation

12 slides

From Post To Pond: How The Public Created The Presidio's Crissy Field Marsh, Deborah Bardwick

Golden Gate University Environmental Law Journal

Brian O’Neill, the late Superintendent of the Golden Gate National Recreation Area, said that the unifying theme of the Presidio is that of “humans in the natural environment, understood in its broadest context.” This Article explores the critical role that the public played in creating Crissy Field Marsh, a unique feature of the Presidio in the Golden Gate National Recreation Area. Public involvement is always critical to the operation of the National Park Service. In nearly every new project, members of the public are involved in every step, including but not limited to lobbying politicians, commenting on environmental documents, raising …

Protecting The Ballona Wetlands In West Los Angeles: A Look Back At Three Decades Of Urban Habitat Advocacy, Carlyle W. Hall, Jr.

Golden Gate University Environmental Law Journal

Surrounded by densely populated West Los Angeles, the Ballona Wetlands are a remnant of a larger, flourishing coastal ecosystem that has been subjected to over a hundred years of urban assault. Ninety-eight percent of Los Angeles County’s historic wetlands have been filled and developed, and more than a century of abuse and neglect have severely degraded the Ballona Wetlands. Nonetheless, the Ballona Wetlands remain “one of the most important pieces of wildlife habitat” in the region, and they constitute the County’s largest remaining coastal wetland.

As might be expected when an important, severely endangered coastal natural resource located in a …

The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii

Pepperdine Law Review

No abstract provided.

Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development, Joel H. Mack, Gwyn Goodson Timms

Pepperdine Law Review

No abstract provided.

Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas

Michael Pappas

Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …

Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly

Publications

No abstract provided.

Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider An Inter-Sovereign Approach To Accommodate Federal And Tribal Interests In Water Resources, Jeffrey T. Matson

Jeffrey T Matson

In the aftermath of the historic 2011 Missouri River flood, Missouri River Basin (MRB) state representatives and governors criticize the U.S. Army Corps of Engineers (Corps) for operating the Missouri River Mainstem Reservoir System (System) in support of the multiple, often conflicting, purposes outlined in the Flood Control Act of 1944. These officials envision entering into an interstate compact to divest the Corps of some of its operational authority and to broaden their role in managing water resources. Similarly, MRB tribal leaders argue that the Corps fails to operate its System in a manner that respects the interrelated issues of …

New Challenges In An Era Of Global Water Scarcity , David Hunter

David B. Hunter

No abstract provided.

Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio

David N Cassuto

This article examines two of the major water legal regimes in the Americas-that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen percent of the world's fresh water, and its fast-growing economy and population present major challenges in management and allocation. The U.S. also faces major water allocation problems resulting from past settlement policies; unsustainable reclamation projects; and also fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been perceived as …

Water Law In The United States And Brazil - Climate Change And Two Approaches To Emerging Water Poverty, David N. Cassuto, Rômulo S. R. Sampaio

David N Cassuto

This article examines two of the major water legal regimes in theAmericas—that of Brazil and the United States. Both countries haveextensive wet and dry regions and both hydro-regimes face a significantthreat from global warming. Brazil, for instance, is home to betweeneight and fifteen percent of the world’s fresh water, and its fast-growingeconomy and population present major challenges in management andallocation. The U.S. also faces major water allocation problems resultingfrom past settlement policies; unsustainable reclamation projects; andalso fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been perceived as arenewable and limitless resource, a cultural legacy that …