Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (428)
- Natural Resources Law (428)
- Water Law (428)
- Oil, Gas, and Mineral Law (320)
- Energy and Utilities Law (319)
-
- Natural Law (319)
- Indigenous, Indian, and Aboriginal Law (109)
- Administrative Law (77)
- Agriculture Law (76)
- Food and Drug Law (76)
- International Law (76)
- Litigation (76)
- Property Law and Real Estate (33)
- Environmental Health and Protection (32)
- Environmental Monitoring (32)
- Environmental Sciences (32)
- Health Law and Policy (32)
- Human Rights Law (32)
- Law and Society (32)
- Legal History (32)
- Natural Resources Management and Policy (32)
- Natural Resources and Conservation (32)
- Physical Sciences and Mathematics (32)
- Water Resource Management (32)
- American Studies (1)
- Arts and Humanities (1)
- Cultural Heritage Law (1)
- Science and Technology Law (1)
- Keyword
-
- Utton Center (5)
- Climate change (3)
- Groundwater (2)
- Land and water planning in the middle valley (2)
- Reservoir operations (2)
-
- Utton Center newsletter (2)
- Water law (2)
- Water rights (2)
- Willamette River Basin (2)
- 2014 (1)
- 2015 (1)
- Albuquerque-Bernalillo County Water Utility Authority (1)
- American Fisheries Society Western Division Annual Meeting (1)
- American Indian Water Right Settlements (1)
- Art (1)
- Asteroid Mining (1)
- China (1)
- Climate Change (1)
- Community growth (1)
- Community planning (1)
- Conservation bureau (1)
- Constitutional rights (1)
- Continuing authority (1)
- Contracts (1)
- Convention (1)
- Deep-Sea Mining (1)
- Delaware River (1)
- Delaware River Basin Compact (1)
- E-flows in New Mexico (1)
- Ecological Flows (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 430
Full-Text Articles in Land Use Law
Pore Space Property, Joseph A. Schremmer
Pore Space Property, Joseph A. Schremmer
Faculty Scholarship
Through modern technology we can use the void pore space of underground rock formations for a growing number of socially beneficial purposes. These run the gamut from unconventional oil and gas production to climate change mitigation. The common law of property and tort, however, has struggled to keep up with advancing technology in this area. Significant questions remain about the nature of property rights in pore space. Of particular interest are the limits, if any, on an owner’s right to use pore space for beneficial purposes when it extends beneath the land of another. For example, may A hydraulically fracture …
The Indigenous Decade In Review, Christine Zuni Cruz
The Indigenous Decade In Review, Christine Zuni Cruz
Faculty Scholarship
This Article considers the decade, 2010 to 2019, in respect to indigenous peoples in the United States. The degree of invisibility of indigenous peoples, in spite of the existence of 574 federally recognized tribes with political status, is a central issue in major cases and events of the decade. Land and environment, social concerns, and collective identity are the three areas through which this Article considers the decade. The Declaration on the Rights of Indigenous Peoples, endorsed in 2010, sets a measure for the nation-state’s engagement with indigenous peoples possessed of self-determination. The criticality of a new place in the …
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A., Carl J. Bauer
The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A., Carl J. Bauer
Natural Resources Journal
This paper offers a historical overview of the first century of hydropower in the US from today’s perspective of the water/energy nexus. Hydropower emerged as a technology in the 1880s and its development expanded until large dam building ended in the US in the 1970s-1980s. I summarize the century from the two different angles of the water sector and the electric power sector, as the roles and strategic importance of hydropower changed dramatically in the two sectors, in the parallel histories of water development and electric power development. The paper emphasizes the electricity side of the hydropower story because the …
The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?, Ruixuan Zhuo
The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?, Ruixuan Zhuo
Natural Resources Journal
This article analyzes the international convention governing marine pollution caused by the shipment of hazardous and noxious substances (“HNS”). It also discusses China’s domestic laws and regulations of HNS marine pollution liability comparing the Chinese approach with norms under the HNS Convention. The author argues that China faces severe HNS pollution issues and proposes solutions to HNS liability and compensation problems.
Legal Rights For Rivers: Competition, Collaboration And Water Governance By Erin O’Donnell (Routledge, 202 Pages; 2019), Ariel Macmillan-Sanchez
Legal Rights For Rivers: Competition, Collaboration And Water Governance By Erin O’Donnell (Routledge, 202 Pages; 2019), Ariel Macmillan-Sanchez
Natural Resources Journal
No abstract provided.
Symposium Letter, Ariel Macmillan-Sanchez
Acknowledgement, Melanie Mcnett, Julia Shaver
Acknowledgement, Melanie Mcnett, Julia Shaver
Natural Resources Journal
No abstract provided.
Climate Perspectives Across The Generations, Dan Farber
Climate Perspectives Across The Generations, Dan Farber
Natural Resources Journal
Climate change is a multi-generational problem, but it does not impact all generations in the same way. Correspondingly, older Americans and younger ones differ greatly in how they perceive the issue and how they respond. The wave of youth activism epitomized by Greta Thunburg is on one side of this generation gap. Donald Trump’s climate skepticism is on the other. We’re talking about large groups of people, so there is a range of attitudes on both sides, but these two individuals represent the generational differences in dramatic form. My goal today is to explore these generational differences. I want to …
A Road Map To Restoring Rivers: How The Klamath Basin Restoration Agreement Might Influence Future Dam Removal And River Restoration Projects, James C. Ish
Natural Resources Journal
Throughout the United States dams are approaching the terminus of their original licensing periods and are undergoing re-licensing by the Federal Energy Regulatory Commission. This period of review has prompted extensive studies in these basins to determine the cost-benefits associated with keeping these dams, versus removing and restoring the natural ecosystems that are currently inundated. In situations where a dam is deemed to be no longer economically relevant, and/or a detriment to endangered species or their critical habitat, an agreement for removal and restoration is often proposed as the next step in the management of that basin’s water resources. However, …
Creating Social Change Through Art: The Greater Chaco Art Zines, Jeanette Hart-Mann, Asha Canalos
Creating Social Change Through Art: The Greater Chaco Art Zines, Jeanette Hart-Mann, Asha Canalos
Natural Resources Journal
This interview with Jeanette Hart-Mann and Asha Canalos took place on March 6, 2020 in Albuquerque, New Mexico. This interview was conducted in person and edited by Ariel MacMillan-Sanchez.4 Hart-Mann and Canalos explained the importance of the Greater Chaco Art Zines project, how it came to fruition, the issues of censorship that surround it, and their perspectives on generating meaningful change. Some of the art pieces discussed in this interview are published in this article. If you would like to get involved or wish to see more of the art pieces discussed in this interview please visit https://greaterchacoartzines.org/.
Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law, Kris Turner
Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law, Kris Turner
Natural Resources Journal
Asteroid mining is set to be one of the most lucrative industries of the near future. With mineral value that dwarfs resources found on Earth, the race to locate and mine these precious minerals will soon begin in earnest. However, asteroid mining raises numerous legal questions, including how to create contracts for private mining companies to exploit the asteroids. Standard mining contracts provide a foundation for earthbound contracts, while mining in extreme environments such as Antarctica and the seabed provides further structure upon which parties interested in asteroid mining can begin building new contracts. These earthbound contracts also serve as …
River Of Lost Souls: The Science, Politics, And Greed Behind The Gold King Mine Disaster By Jonathan P. Thompson (Torrey House Press, 296 Pages; 2018), Sarah Mclain
Natural Resources Journal
“Oh. Shit.” These were the first words spoken when mine sludge carrying heavy metals began spewing out of the side of Level 7 portal of the Gold King Mine. On August 5, 2015, EPA staffers and contractors were working to start clearing out debris from the mine, and instead opened a hole on the side of an old mine tunnel which released three million gallons of water and sludge into the Animas River below. The sludge would travel downstream, passing the old mining community of Silverton, CO, continuing past Durango, CO, and eventually crossing state lines into New Mexico where …
Creative Legal Approaches To Protect Youth’S Constitutional Rights In The Face Of Climate Change, Andrea Rodgers
Creative Legal Approaches To Protect Youth’S Constitutional Rights In The Face Of Climate Change, Andrea Rodgers
Natural Resources Journal
This interview with Andrea Rodgers was produced through written responses to prompts from Ariel MacMillan-Sanchez in April 2020.
Introduction: What You Don't Know Does Protect You, Rebecca Roose
Introduction: What You Don't Know Does Protect You, Rebecca Roose
Natural Resources Journal
No abstract provided.
Introduction: Property In Ecology, Jonathan H. Adler
Introduction: Property In Ecology, Jonathan H. Adler
Natural Resources Journal
No abstract provided.
Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa
Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa
Faculty Scholarship
On August 5, 2015, contractors for the U.S. Environmental Protection Agency (EPA) investigating the Gold King Mine in southwestern Colorado accidently released some three million gallons of contaminated water into the Animas River, triggering weeks of front-page headlines, months of congressional hearings, and now years of litigation. River of Lost Souls: The Science, Politics, and Greed Behind the Gold King Mine Disaster, a new book by Jonathan P. Thompson, suggests by its title a human folly behind this “disaster” much broader and deeper than one tragic accident wrought by EPA contractors. On this thesis, Thompson certainly delivers. However, what …
Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford
Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford
Natural Resources Journal
Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.
Introduction, Natural Resources Vii Journal
Introduction, Natural Resources Vii Journal
Natural Resources Journal
No abstract provided.
Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja
Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja
Natural Resources Journal
Optimization models for California’s hydropower system are designed to be decision-support tools and aids for climate adaptation decision-making. In practice, they fall short of this goal. One potential explanation is that optimization models are not more successful because they are built on, and depend on, a misrepresentation of law and politics. The legal reality of California’s hydropower system is a web of networked jurisdictions of multiple federal and state agencies, with varying levels of coordination, long periods of legally obligated stability with rigid rules, and prone to conflict, but with multiple procedures for conflict resolution. Barriers to climate adaptation from …
The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul
The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul
Natural Resources Journal
In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as other water …
Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang
Natural Resources Journal
Marine oil spill accidents have long been caused by ship collisions. However, the proliferation of offshore oil and gas installations portends a marked increase in oil spills from these sources. This presents a unique enforcement challenge for international and Chinese domestic systems for oil pollution liability and compensation that were developed in response to the threat of ship-based oil pollution. This article focuses on how the international liability and compensation regime for oil pollution has been implemented in China, and whether a combination of the international regime and domestic Chinese regulations could provide an adequate mechanism for holding offshore oil …
Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore
Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore
Natural Resources Journal
Food systems worldwide are threatened by climate change, as reflected, for example, in the diminished yields of fruits and vegetables and reduced production of global fisheries. This article discusses the threats of climate change on agricultural production and the need for agricultural adaptation. It posits that food insecurity must be considered in terms of climate change and its likely effects on food production. The article argues that agricultural mitigation and adaptation measures should must be pursued and communicated through the mechanisms of the Paris Agreement. In the United States, reducing food waste effectuated by the regulation on the culling of …
Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa
Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources I. Journal
Front Matter, Natural Resources I. Journal
Natural Resources Journal
No abstract provided.
Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar
Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar
Natural Resources Journal
Economic liberalization beginning in the early 1990s has represented a paradigm shift in policy discourse in India, from social welfare to economic growth. With its potential benefits of generating power for the growing economy and significant revenue through electricity sales and royalty payments, hydropower development has received center-stage in the hydrorich but economically weaker Himalayan states of India. Using an institutional approach to examine the evolution of laws and policies on electricity, land, environment, and water, this article seeks to uncover how prevailing legal and economic systems prioritize hydropower generation over other water uses. It argues that federal and state …
Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau
Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau
Natural Resources Journal
No abstract provided.
State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson
State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson
Natural Resources Journal
No abstract provided.
Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert
Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert
Natural Resources Journal
No abstract provided.
Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman
Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman
Natural Resources Journal
No abstract provided.