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- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (8)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (4)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (3)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (3)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (2)
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- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (2)
- Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10) (2)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- The Future of Federal Wetlands Regulation After Rapanos (May 10) (2)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (2)
- All Faculty Scholarship (1)
- Donald J. Kochan (1)
- Public Land & Resources Law Review (1)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (1)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- Washington and Lee Law Review Online (1)
- Publication Type
Articles 1 - 30 of 40
Full-Text Articles in Litigation
Federal Common Law, Climate Torts, And Preclusion, Tom Boss
Federal Common Law, Climate Torts, And Preclusion, Tom Boss
Washington and Lee Law Review Online
Municipalities have been trying for decades to hold energy companies accountable for their role in the climate change crisis. In an effort to prevent suits, these companies are pushing the novel legal theory that federal common law provides a basis for jurisdiction in federal court over these claims. Once in federal court, the defendants argue that the very federal common law that served as the basis for removal has been displaced by the Clean Air and Clean Water Acts. This would then justify dismissal of the entire case for failure to state a claim. Luckily for the plaintiffs, nearly all …
Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V
Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V
Public Land & Resources Law Review
The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s path, were futile.
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited
12 slides
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT
25 slides
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.
This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Donald J. Kochan
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
16 pages.
Includes bibliographical references
Agenda: The Future Of Federal Wetlands Regulation After Rapanos, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Future Of Federal Wetlands Regulation After Rapanos, University Of Colorado Boulder. Natural Resources Law Center
The Future of Federal Wetlands Regulation After Rapanos (May 10)
Hot-Topic Discussion held at Brownstein Hyatt Farber Schreck in Denver, Colorado on May 10, 2007 from 12:00 p.m. to 1:15 p.m.
Speaker: Mark Squillace, Director of the Natural Resources Law Center, University of Colorado School of Law.
Commentators: Wayne Forman and Michelle Kales, attorneys, Brownstein Hyatt Farber Schreck
"Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts and Associate Justice, Samuel Alito. The Supreme Court …
Slides: The Future Of Federal Wetlands Regulation, Mark Squillace
Slides: The Future Of Federal Wetlands Regulation, Mark Squillace
The Future of Federal Wetlands Regulation After Rapanos (May 10)
Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law
35 slides
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
1 v. (various pagings) : ill., maps ; 28 cm
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison
Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
The Debate: Are Water Rights And Sustainable Water Use Compatible?, Stuart L. Somach
The Debate: Are Water Rights And Sustainable Water Use Compatible?, Stuart L. Somach
Sustainable Use of the West's Water (Summer Conference, June 12-14)
12 pages.
Contains footnotes and references.
Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht
Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
52 pages.
Contains footnotes.
Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf
Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
53 pages.
Contains references.
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.
Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.
This conference will provide the …
Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius
Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
24 pages.
Contains references.
Federal Groundwater Quality Control: Law And Policy, Robert L. Glicksman
Federal Groundwater Quality Control: Law And Policy, Robert L. Glicksman
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
56 pages.
Contains references.
Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.
Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.
The Water Quality Legal Framework, William H. Rodgers Jr.
The Water Quality Legal Framework, William H. Rodgers Jr.
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
12 pages (includes illustrations).
A Practitioner’S Perspective On Section 404 Permitting—Or—How To Survive The Daze From The Hazy Maze, Marcia M. Hughes
A Practitioner’S Perspective On Section 404 Permitting—Or—How To Survive The Daze From The Hazy Maze, Marcia M. Hughes
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
17 pages.
Contains footnotes and references.
Pretreatment Issues, Sue Ellen Harrison
Pretreatment Issues, Sue Ellen Harrison
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
28 pages.
Contains references.
Assessment Of Water Quality Progress And Problems In The West, David H. Getches
Assessment Of Water Quality Progress And Problems In The West, David H. Getches
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
32 pages.
Contains references.
The Effluent Charge Approach To Water Quality Control, Ralph W. Johnson
The Effluent Charge Approach To Water Quality Control, Ralph W. Johnson
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
10 pages.
Contains references.
Integrating Private Water Development Activities Into Federal Land And Resource Planning And Management, James F. Engelking
Integrating Private Water Development Activities Into Federal Land And Resource Planning And Management, James F. Engelking
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
92 pages.
Ski Development In National Forests, Harris D. Sherman, David S. Neslin, Ian K. Whitlock
Ski Development In National Forests, Harris D. Sherman, David S. Neslin, Ian K. Whitlock
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
79 pages.
Epa Regulation Of Mining Wastes Under Rcra And Cercla, Robert E. Walline
Epa Regulation Of Mining Wastes Under Rcra And Cercla, Robert E. Walline
Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)
9 pages.
The New Cercla Amendments—What Are They? What Do They Mean?, David R. Andrews
The New Cercla Amendments—What Are They? What Do They Mean?, David R. Andrews
Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)
35 pages.
Panel: Section 404 Of The Clean Water Act And Section 7 Of The Endangered Species Act: Potential Impacts On Water Supplies [Supplemental Materials], Wendy C. Weiss
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
57 pages.
Supplemental materials. Includes text of Riverside Irrigation District v. Andrews, 568 F.Supp 563 and Opening Brief of Plaintiff-Intervenor-Appellants in Riverside Irrigation District v. Andrews, Cases No. 83-2114, 83-2115, 83-2119, 83-2230, April 3, 1984.