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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.

Essential Elements Of Amendments To The Endangered Species Act, John Harja

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

14 pages.

A Tribal Perspective On Esa Reform, Ted Strong

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

4 pages.

How The Regulated Community Views Regulation To Protect Living Resources: The Endangered Species Act, Biological Diversity, And Ecosystem Management, Steven P. Quarles

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

21 pages.

Contains footnotes.

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.

Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin

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

11 pages.

The Endangered Species: The Urban Water Utility Perspective, Chips Barry

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

24 pages.

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.

The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.

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

28 pages.

Contains 2 pages of references.

The Endangered Species Act: Tramping On Tribal Rights?, Robert S. Pelcyger

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

32 pages.

Contains footnotes.

The Endangered Species Act: Crystallizing Ecosystem Management, George T. Frampton Jr.

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

15 pages.

Waiting To Exhale Under The Esa: The Evolution Of Hcps And Section 4(D) Rules, Donald J. Barry

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

16 pages.

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.

Lessons From Reintroduction: The Bear And The Wolf, Michael Roy

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

15 pages.

Contains 1 page of references.

The Sonoran Desert Tortoise And The Mexican Spotted Owl: The High Road And The Slow Road To Conservation, Duane L. Shroufe

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

13 pages.

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 …

A Trust For Whom?: Managing Colorado's 3 Million Acres Of State Land, John M. Evans, Reeves Brown, Mark A. E. Burget, University Of Colorado Boulder. Natural Resources Law Center

A Trust for Whom?: Managing Colorado's 3 Million Acres of State Land: A Critique of the Constitutional Amendment (February 5)

14 pages.

Includes biographical information for John M. Evans, Reeves Brown, and Mark A. E. Burget.

State Land Board Commissioner Maxine Stewart was also a speaker for this program, but did not submit any written materials.

Contents:

A trust for whom? managing Colorado's 3 million acres of state land : a critique of the constitutional amendment / prepared by John Evans -- A cattlemen's [sic] perspective of state land management / presented by Reeves Brown -- Remarks outline / Mark A. E. Burget

Program was presented on Monday, February 5, 1996 at the offices of Holland & Hart in Denver, …

Takings From Freund To Fischel." Review Of Regulatory Taking: Law, Economics, And Politics, By W. A. Fischel, James E. Krier

Reviews

The regulatory takings problem is easy to describe but difficult to resolve. The government enacts restrictions on land use that reduce the market value of the targeted parcels by a considerable amount. The restrictions are couched in terms of the police power, but actually they might amount to a taking that requires compensation, not because any of the land has been wrested away (it hasn't), but because much of the value has. Through the police power the government gets to govern for free, whereas with takings it's pay as you go. On what does the distinction-police power or taking-depend?

Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Uproar At Dancing Rabbit Creek: Battling Over Race, Class & The Environment, Colin Crawford

Publications

For the first five years of the 1990's, Noxubee County, Mississippi experienced a deeply divisive battle over the proposed siting there of one of the nation's biggest toxic waste dump and incineration facilities. Noxubee County, which is nearly 70% African-American, is also desperately poor. The fight over the proposed waste facility was in part a question of jobs versus environmental protection yet, as the selection below suggests, the waste fight was also influenced by long-standing animosities and social divisions-factors that, in my view, have been insufficiently appreciated by environmental justice activists and environmental lawyers alike.

'Trespassers, Beware': Lyda Burton Conley And The Battle For The Huron Place Cemetery, A. Kimberley Dayton

Faculty Scholarship

Lyda Burton Conley, Kansas attorney and direct descendant of the great Wyandot Chief Tarhe, appeared before the Supreme Court in January, 1910 to appeal a dismissal of a lawsuit she had filed against Secretary of the Interior James Garfield in 1907. She was seeking a permanent injunction to prevent the sale of a parcel of land in which her ancestors were buried, by the federal government to private developers. This case appears to be the first on record in which a plaintiff argued that the burying grounds and cemeteries of Native American peoples are entitled to federal protection. This lawsuit …

Seller’S Damages From A Defaulting Buyer Of Realty: The Influence Of The Uniform Land Transactions Act On The Courts, Gerald Korngold

Articles & Chapters

No abstract provided.

An Alternative To Ready, Fire, Aim: A New Framework To Link Environmental Targets In Environmental Law, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

This Article begins with a brief overview of the state of the environment and the lessons learned from the early development of the command and control system. It then explores recent reform proposals and the scholarship on the democratic impact of means-based approaches. The Article next examines the new model that is emerging in the Netherlands and other countries, and identifies the critical feature of the new model: the development of context for environmental decisionmaking at each of the three levels discussed above. The Article concludes by analyzing the implications of this Framework Approach for the environmental debate and for …

The National Land Use Policy Act, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Professor Miller talked about a particular road that we traveled beginning in the 1970s. Professor Robinson discussed a different road that we traveled when we adopted the National Environmental Policy Act (NEPA) in 1969. I would like to talk about the road not traveled, a road that led in the direction that Professor Miller just charted. We considered a different more comprehensive approach in the early 1970s when our national environmental policies were being formed. The time may be right to reconsider what we then narrowly rejected, both here and in Argentina.

Alienation Of Conservation Easements, Richard B. Collins

Publications

No abstract provided.

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …

Revisiting The National Flood Insurance Program, Alan C. Weinstein

Law Faculty Articles and Essays

This article discusses the hazards proposed by floods, the options for their control, the operation of the National Flood Insurance Program, and the changes made by the 1994 amendments.