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Full-Text Articles in Natural Law

Front Matter, Natural Resources Journal Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

Symposium Letter, Ariel Macmillan-Sanchez

Natural Resources Journal

Acknowledgement


Acknowledgement, Melanie Mcnett, Julia Shaver Jan 2020

Acknowledgement, Melanie Mcnett, Julia Shaver

Natural Resources Journal

No abstract provided.


Climate Perspectives Across The Generations, Dan Farber Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2019

Introduction: What You Don't Know Does Protect You, Rebecca Roose

Natural Resources Journal

No abstract provided.


Introduction: Property In Ecology, Jonathan H. Adler Jan 2019

Introduction: Property In Ecology, Jonathan H. Adler

Natural Resources Journal

No abstract provided.


Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford Jul 2017

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 Jul 2017

Introduction, Natural Resources Vii Journal

Natural Resources Journal

No abstract provided.


Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja Jul 2017

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 Jul 2017

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 Jul 2017

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 Jul 2017

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 Jul 2017

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 Jul 2017

Front Matter, Natural Resources I. Journal

Natural Resources Journal

No abstract provided.


Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar Jul 2017

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 Jul 2017

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 Apr 2017

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 Apr 2017

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 Apr 2017

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.


Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter Apr 2017

Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter

Natural Resources Journal

No abstract provided.


Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist Apr 2017

Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist

Natural Resources Journal

No abstract provided.


Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton Apr 2017

Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton

Natural Resources Journal

No abstract provided.