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Articles 1 - 30 of 36
Full-Text Articles in Environmental Law
Nimby: Not In Mexico's Back Yard? A Case For Recognition Of A Human Right To Healthy Enviroment In The American States, Scott D. Cahalan
Nimby: Not In Mexico's Back Yard? A Case For Recognition Of A Human Right To Healthy Enviroment In The American States, Scott D. Cahalan
Georgia Journal of International & Comparative Law
No abstract provided.
Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi
Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights And Climate Change: Moving From An Intrinsic To An Instrumental Approach, Edward Cameron
Human Rights And Climate Change: Moving From An Intrinsic To An Instrumental Approach, Edward Cameron
Georgia Journal of International & Comparative Law
No abstract provided.
The Intersection Of International Human Rights And Domestic Environmental Regulation, Rebecca M. Bratspies
The Intersection Of International Human Rights And Domestic Environmental Regulation, Rebecca M. Bratspies
Georgia Journal of International & Comparative Law
No abstract provided.
Procedural Rights As A Crucial Tool To Combat Climate Change, Svitlana Kravchenko
Procedural Rights As A Crucial Tool To Combat Climate Change, Svitlana Kravchenko
Georgia Journal of International & Comparative Law
No abstract provided.
"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza
"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon
Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon
Georgia Journal of International & Comparative Law
No abstract provided.
Keynote Address: Poverty, Climate Change, And Overpopulation, Thomas Pogge
Keynote Address: Poverty, Climate Change, And Overpopulation, Thomas Pogge
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction: Climate Change And Human Rights: Unpacking The Issues, Daniel Bodansky
Introduction: Climate Change And Human Rights: Unpacking The Issues, Daniel Bodansky
Georgia Journal of International & Comparative Law
No abstract provided.
International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen
International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen
Georgia Journal of International & Comparative Law
No abstract provided.
Adjudications, Brigette Buynak, Darcy S. Bushnell
Adjudications, Brigette Buynak, Darcy S. Bushnell
Water Matters!
Adjudications are lawsuits that take place in state or federal court to resolve all claims to water use in the state of New Mexico, including those of Pueblos, tribes and the federal government. These cases are required by statute to create a formal inventory of water uses and to facilitate administration of New Mexico’s surface and groundwater. The geographic scope of each case is generally described by a stream system and occasionally by a groundwater basin. By statute, the State is always the plaintiff. The mission is to formally identify and recognize all valid water rights in each area being …
New Mexico Water Law Capsules, Stephanie Tsosie
New Mexico Water Law Capsules, Stephanie Tsosie
Water Matters!
This article contains a list some of the key cases decided in the state and federal courts of New Mexico with very brief descriptions of the rulings. The finalized cases have been arranged by topic. This chapter is intended to be a quick and handy reference guide and not a thorough summary of the facts and law of each case. This year we have also included a list of water law statutes.
Drought, Adrian Oglesby
Drought, Adrian Oglesby
Water Matters!
New Mexico is renowned for its high deserts, mild climate, and abundant sunshine. Incidentally, these physical attributes, which make New Mexico so unique and beautiful, are also characteristic of a naturally dry environment. The state has been subjected to severe drought conditions in the past, alternating with times of uncharacteristically high supplies of moisture upon which its population has at times over-relied.
This article will provide various definitions of drought and a short history of drought in New Mexico; discuss impacts of drought on the state’s human water user communities and environment; discuss in brief the priority call and water …
Priority Administration, Ed Merta
Priority Administration, Ed Merta
Water Matters!
Since the turn of the twenty first century, drought conditions have frequently stricken much of New Mexico. Such intervals of extreme dryness have been a permanent, recurring feature of the state’s climate for at least two thousand years, according to tree ring data and other scientific evidence. Some of these past droughts lasted for decades, exceeding in severity the Dust Bowl of the 1930sand the great New Mexico drought of the 1950s. Today, climate change models indicate that the Southwest will likely become even hotter, potentially making future droughts in New Mexico more extreme. Managing water shortages promises to become …
Active Water Resource Management, Paul Bossert, Gregory C. Ridgley
Active Water Resource Management, Paul Bossert, Gregory C. Ridgley
Water Matters!
For decades, most of the waters of the State of New Mexico have been the subject of water rights adjudications to establish all the water rights. Stream systems and sub-basins geographically define the adjudications. There are twelve active cases. However, complete adjudication of all New Mexico water rights is still many years away. Meanwhile, water use in the state has evolved.New water users increasingly look to acquire existing water rights rather than developing new rights. Decisions on administration, distribution, and redistribution of water have to be made.
It was widely held, though not unanimously, that the State Engineer needed greater …
Inter-Basin Water Transfers, Anne Minard
Inter-Basin Water Transfers, Anne Minard
Water Matters!
Inter-basin water transfers move water from one watershed to another. As droughts constrict the availability of water, and cities grow larger and thirstier, such transfers are increasingly being eyed as a solution. Although inter-basin transfers usually do not increase the overall availability of water in a state, they can move water to where it is needed most. Some of the main proponents of inter-basin transfers are pro-growth city and state governments as the re-allocation of water across watersheds allows for flexibility in planning for future growth.
Domestic Wells, Paul Bossert, Sarah Armstrong
Domestic Wells, Paul Bossert, Sarah Armstrong
Water Matters!
The domestic well statutes direct that the State Engineer “shall” issue a permit for certain types of temporary or low volume wells, including wells for household use. For the past fifty-five years, the Office of the State Engineer (OSE) has interpreted this to mean that such permits are granted with no evaluation, public notice, or hearing.
Water For New Mexico Rivers, Beth Bardwell, Adrian Oglesby
Water For New Mexico Rivers, Beth Bardwell, Adrian Oglesby
Water Matters!
The Rio Grande, the Pecos, the Gila, the San Juan, the Canadian—New Mexico’s rivers are synonymous with the state’s culture and natural heritage. New Mexicans overwhelmingly care about the health of the state’s rivers and that includes flows to support fish and river dependent wildlife. Rivers, wetlands, and riparian areas comprise a very small part of our landscape—a mere 1 percent. This 1 percent plays an essential role in renewing the state’s water supply for its two million residents; for sustaining the state’s second largest industry—tourism; for producing food and fiber; and for sustaining New Mexico’s web of life. Eighty …
Navajo-Gallup Water Supply Project, Jerold Widdison, Pat Page
Navajo-Gallup Water Supply Project, Jerold Widdison, Pat Page
Water Matters!
In March of 2009, the Congress passed and President Obama signed into law the“Omnibus Public Land Management Act of 2009". The Project is a major endeavor for northwestern New Mexico. In one sense,authorization of the project culminates years of work. In another sense, it means the beginning of many additional years of effort. There is much to be done to construct and carry the project forward to reality, including work for the federal government,the State of New Mexico, the Navajo Nation, and the city of Gallup. In view of the Project’s magnitude, this article reviews only its major aspects
The Nambé, Pojoaque, San Ildefonso, And Tesuque Pueblos Settlement, Paul Bossert, Sarah Armstrong
The Nambé, Pojoaque, San Ildefonso, And Tesuque Pueblos Settlement, Paul Bossert, Sarah Armstrong
Water Matters!
The “Aamodt case” is a complex, long-running adjudication of water rights in the Pojoaque River watershed northwest of Santa Fe. In 1966,it was filed in federal court as State of New Mexico, ex rel. State Engineer,et al. v. Aamodt, et al. The parties include the State, through the State Engineer, about 5,600 non-Indian claimants, the Pueblos of Nambé, Pojoaque,San Ildefonso, and Tesuque, and governmental entities such as the county of Santa Fe, many acequias, the Pojoaque Valley Irrigation District, and several federal and state agencies.
Salt Basin, Jerold Widdison, Stephanie Tsosie
Salt Basin, Jerold Widdison, Stephanie Tsosie
Water Matters!
The Salt Basin of south-central New Mexico presents several problems of resource utilization. The basin is a large but little-known area—dry, inhospitable—but it has a sought-after supply of groundwater and perhaps a supply of natural gas and oil. In addition, the basin features vast stretches of grassland in an essentially intact natural environment. The“hows” and the “whethers” of using and conserving these resources have been vigorously argued for several years.
Taos Pueblo Water Rights Settlement, Paul Bossert, Darcy S. Bushnell
Taos Pueblo Water Rights Settlement, Paul Bossert, Darcy S. Bushnell
Water Matters!
In November of 2010, the Congress passed the Claims Resolution Act and on December 8, President Obama signed it into law. Title V of the Claims Act, the Taos Pueblo Indian Water Rights Settlement Act, settles the Pueblo portion of the Abeyta case and approves an agreement signed in 2006 by officials from Taos Pueblo, the State of New Mexico, and other interested water rights owners in the Taos area. The settlement act also helps resolve the non-Indian portion of Abeyta. The measure quantifies Taos Pueblo’s water rights and protects the interests of local acequias, the Town of Taos, and …
Water Trust Board, Joanne Hilton, Darcy S. Bushnell
Water Trust Board, Joanne Hilton, Darcy S. Bushnell
Water Matters!
In 2001, the New Mexico legislature passed the Water Project Finance Act. The stated purpose of the Water Project Finance Act is to provide a financing mechanism to promote water use efficiency, water resource conservation and protection, and fair distribution and allocation of water to all users. The Water Trust Board was created in the Act. Its purpose is to: 1) oversee and administer the Water Trust Fund and Water Project Fund; 2) review and recommend funding for qualifying water projects to the legislature; and 3)pursue additional funding opportunities.
Strategic Water Reserve, Brigette Buynak, Stephanie Tsosie
Strategic Water Reserve, Brigette Buynak, Stephanie Tsosie
Water Matters!
The Strategic Water Reserve (Reserve) established in 2005 transforms New Mexico’s policies regarding river management. The Reserve is a pool of publicly held water rights dedicated to keeping New Mexico’s rivers flowing to meet the needs of river-dependent endangered species and to fulfill our water delivery obligations to other states. It is a tool for New Mexico to achieve sensible and sustainable water policies by balancing water use between cities, industry, agriculture, and the rivers of the state.
Water Conservation, Consuelo Bokum
Water Conservation, Consuelo Bokum
Water Matters!
New Mexico always has had periods of water shortages, some far more long lasting and devastating than others. As warming temperature and changing weather patterns continue to develop, the likelihood that water shortages—like those felt throughout the state from 2010 through 2013—will occur with greater frequency. These changes can and have caused significant economic and environmental damage, and the risk of more harm will not improve unless we improve our water management significant.
Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings
Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings
Michigan Journal of International Law
In 2005, the Inuit of Canada and the United States filed a petition with the Inter American Commission on Human Rights, alleging that their respective governments had violated their human rights by failing to mitigate climate change harms. The Inuit alleged violations of several specific human rights, including the right to enjoy their culture; the right to enjoy and use the lands they have traditionally occupied; the right to use and enjoy their personal property; the right to health; the right to life, physical integrity, and security; the right to their own means of subsistence; and the right to residence …
Panama's Pando And Monte Lirio Dams: Proactive Engagement In Environmental Human Rights Through Project Due Diligence Leads To Improved Risk Management And Cost Controls, Gregory M. Karch
Florida A & M University Law Review
The Pando-Monte Lirio Hydroelectric Power Project (Pando Project) is located along the Chiriqui Viejo River (CVR) in Western Panama. It consists of two hydroelectric dams that are part of nineteen hydroelectric installations planned and partially constructed along the CVR in Western Panama. The Pando Project reflects the Inter-American Development Bank’s (IDB’s) commitment to investments in “clean energy” in Central America. The project is an important contribution to Central America’s energy needs, but has caused a number of residents and citizen organizations in the CVR region to raise issues regarding the impact the project will have on the CVR and their …
Eco-Migration And Vulnerability: Linkages Between Human Rights Protection And Environmental Governance In Georgia, Tamari Bulia
Eco-Migration And Vulnerability: Linkages Between Human Rights Protection And Environmental Governance In Georgia, Tamari Bulia
Florida A & M University Law Review
No abstract provided.
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Fixing Education Spending In Illinois Through Efficient Targeted Funding, Conor Desmond
Fixing Education Spending In Illinois Through Efficient Targeted Funding, Conor Desmond
Public Interest Law Reporter
Educational attainment has been tied to income levels, employment, health, and numerous other benefits. Economic research indicates that if we focus our funding on programs targeting children from birth to age five, the returns on the public investment will result in higher returns than if it was invested in the open market. In fact, fifteen US States spent over $400 million on pre-k education alone in 2013. Illinois spent approximately $300 million in the 2014 Fiscal year. Through this paper, it will be shown that through effective funding of programs that develop cognitive skills in children aged three to four, …