Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (802)
- University of New Mexico (493)
- American University Washington College of Law (192)
- University of Montana (164)
- Golden Gate University School of Law (144)
-
- Seattle University School of Law (114)
- Selected Works (93)
- SelectedWorks (66)
- Florida A&M University College of Law (57)
- Pace University (57)
- William & Mary Law School (42)
- Texas A&M University School of Law (38)
- University of Kentucky (33)
- University of Michigan Law School (24)
- Maurer School of Law: Indiana University (22)
- University of Washington School of Law (22)
- Villanova University Charles Widger School of Law (21)
- Florida State University College of Law (20)
- University of Florida Levin College of Law (19)
- Fordham Law School (16)
- Duquesne University (14)
- Roger Williams University (13)
- Schulich School of Law, Dalhousie University (13)
- University of Georgia School of Law (13)
- University of Maryland Francis King Carey School of Law (11)
- University of Richmond (11)
- University of Oklahoma College of Law (9)
- University of Southern Maine (9)
- West Virginia University (9)
- BLR (8)
- Keyword
-
- United States (201)
- Colorado (186)
- Clean Water Act (159)
- Climate change (157)
- Water law (154)
-
- Water (150)
- California (132)
- Environmental law (121)
- West (109)
- EPA (102)
- New Mexico (97)
- Water quality (95)
- Wyoming (95)
- Endangered Species Act (92)
- Water rights (91)
- Groundwater (90)
- Environmental Law (85)
- Arizona (84)
- Water Law (80)
- Environmental Protection Agency (77)
- Land Use (77)
- Montana (77)
- Conservation (72)
- Utah (72)
- Public Land Law (69)
- Public Lands (69)
- BLM (66)
- Colorado River (63)
- NEPA (63)
- Western water law (62)
- Publication Year
- Publication
-
- Natural Resources Journal (320)
- Sustainable Development Law & Policy (190)
- Public Land & Resources Law Review (154)
- Publications (120)
- Faculty Scholarship (110)
-
- Seattle University Law Review (85)
- California Agencies (63)
- Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) (53)
- Journal Publications (50)
- William & Mary Environmental Law and Policy Review (37)
- Water Matters! (32)
- Elisabeth Haub School of Law Faculty Publications (31)
- Golden Gate University Environmental Law Journal (30)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (29)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (24)
- American Indian Law Journal (23)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (23)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (22)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (22)
- Books, Reports, and Studies (21)
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (21)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (21)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (21)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (20)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (20)
- Water and Growth in the West (Summer Conference, June 7-9) (20)
- Journal of Natural Resources & Environmental Law (19)
- Publication Type
- File Type
Articles 91 - 120 of 2736
Full-Text Articles in Water Law
Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski
Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski
Public Land & Resources Law Review
In 2021 manoomin (wild rice), a legally recognized person in White Earth Band tribal law, brought a case in White Earth Band of Ojibwe Tribal Court against the Minnesota Department of Natural Resources. Wild rice brought this case against the Minnesota Department of Natural Resources’ over its issuance of a water permit to Enbridge Inc. for the construction of the Line 3 oil pipeline. Though ultimately ruling that the Tribal Court did not have subject matter jurisdiction because the activity at issue occurred by non-Indians outside of the reservation boundaries, this case still brings a novel consideration in the tribal …
Wading Through Troubled Waters: Inequities & Improprieties Of Stream Access Laws In The American West, Alexander Johnson
Wading Through Troubled Waters: Inequities & Improprieties Of Stream Access Laws In The American West, Alexander Johnson
University of Cincinnati Law Review
No abstract provided.
Vertical Farming: A Bottom-Up Approach, Michael Martinez
Vertical Farming: A Bottom-Up Approach, Michael Martinez
Seattle Journal of Technology, Environmental & Innovation Law
The twenty-first century will require innovative solutions to address the effects of climate change. Vertical farming is one solution that could help conserve a significant amount of freshwater and reduce the agricultural industry’ s overuse of pesticides and intensive tilling practices, which contributes to soil erosion and pesticide runoff. There has been significant investment in vertical farming in every region of the United States; however, the cost to produce foods with vertical farming remains more costly than traditional farming, which is in large part due to the substantial amount of electricity needed to power all the technology required to grow …
Fishing And Fisheries Under International Water Law: A Dialogue Between Professor Gabriel Eckstein And Professor Paul Stanton Kibel, Gabriel Eckstein, Paul Stanton Kibel
Fishing And Fisheries Under International Water Law: A Dialogue Between Professor Gabriel Eckstein And Professor Paul Stanton Kibel, Gabriel Eckstein, Paul Stanton Kibel
Faculty Scholarship
On April 10 and 11, 2023, the Center on Urban Environmental Law (CUEL) at Golden Gate University School of Law hosted a two-day webinar on International Law Aspects of Fisheries and Hydropower in Europe. To open the webinar, Professor Gabriel Eckstein (of Texas A&M University School of Law) and Professor Paul Stanton Kibel (of Golden Gate University School of Law) participated in a keynote dialogue titled Fishing and Fisheries under International Water Law. What follows is a transcription of this dialogue between Professor Eckstein and Professor Kibel.
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy
School of Law Conferences, Lectures & Events
No abstract provided.
Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton
Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to deny a proposed mining plan becuase the operations exceeded the boundaries of a valid mining claim. The issue the court addressed is whether a permanent occupancy of waste rock and tailings on land, absent the discovery of valuable minerals, is a reasonable use related to mining activities. The Ninth Circuit decision effectively prevented mining companies from amending the 1872 Mining Law on the administrative record. Motions for a rehearing and a rehearing en banc were denied.
Toward A Tribal Role In Groundwater Management, Alexandra Fay
Toward A Tribal Role In Groundwater Management, Alexandra Fay
American Indian Law Journal
This Article considers the Agua Caliente groundwater litigation a decade since its inception. It recounts the most recent developments in the case, notably the move to mediation and the strategic work that brought the water districts to the table. The Article places this monumental case in context: in the history of colonization and tribal-state relations, the present climate crisis, and the State of California’s groundwater management regime. The Article ultimately outlines the present opportunity to reimagine the role of tribes in groundwater management.
Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster
Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster
American Indian Law Journal
Coastal land loss driven by erosion and subsidence, and amplified by climate change, has forced the abandonment and resettlement of the remote Louisiana Indigenous community of Isle de Jean Charles. This relocation, to a relatively ‘safer’ site inland has led to division among the residents and will inevitably cause irreparable damage to the culture and traditions of the Houma and Biloxi Chitimacha Confederation of Muskogees peoples who called this small, isolated island home. Driven to the water’s edge by European colonization of south Louisiana, this community developed a dynamic subsistence lifestyle based on agriculture, hunting, and fishing which survived undisturbed …
Case Law On American Indians, Thomas P. Schlosser
Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
An update on American Indian case law from September 2021-October 2022.
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law
Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan
Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan
Sustainable Development Law & Policy
Oil and gas extraction on public lands and waters is responsible for twenty percent of U.S. greenhouse gas emissions. If American public lands were their own country, they would be the fifth-largest greenhouse gas emitter in the world. As of 2020, only twenty percent of total U.S. electricity generation came from renewable energy sources. While renewable energy development on public lands has increased, most renewable energy comes from private lands. However, public lands contain immense renewable energy potential; for example, it is estimated that half of this country’s geothermal resources are found on public lands. Despite underutilized renewable energy potential …
Crumbling Crown Jewels: Addressing The Impact Of Recreational Overuse In America's National Parks, Ellen Spicer
Crumbling Crown Jewels: Addressing The Impact Of Recreational Overuse In America's National Parks, Ellen Spicer
Sustainable Development Law & Policy
National Parks are the “crown jewels” of America. However, in recent years they have become subjected to rampant overcrowding and overuse, so much so that they are being loved to death. The 1916 National Park Service (“NPS”) Organic Act calls for the conservation of “the scenery and the natural and historic objects and the wild life . . . and to provide for the enjoyment of the same in such manner and by such means as will leave [park sites] unimpaired for the enjoyment of future generations.” Due to increased visitation, one of the mandates of the NPS is being …
Pedal Into The Future, Elliot Wiley
Pedal Into The Future, Elliot Wiley
Sustainable Development Law & Policy
Congress severely weakened the Electric Bicycle Incentive Kickstart for the Environment Act (E-Bike Act) when the bill was absorbed into the Build Back Better Bill. Electricity is the future, yet Congress has defanged a bill that could create significant progress in making bicycling a more accessible option for commuters.
Making Room For The Past In The Future: Managing Urban Development With Cultural Heritage Preservation, Kubra Guzin Babaturk
Making Room For The Past In The Future: Managing Urban Development With Cultural Heritage Preservation, Kubra Guzin Babaturk
Sustainable Development Law & Policy
Few would disagree that art and architecture are indispensable aspects of the collective human experiences. But can there be “too much” of it? How much is “too much?” Could art and cultural heritage be a hindrance to progress, urbanization, and sustainability? Which art is worth saving? A growing question is how to balance and reconcile expanding urban needs with efforts to preserve cultural heritage. Many cities across the global face this fresh moral dilemma. Cities like Istanbul, Rome, and Cairo––heirs to great empires, with history and art cursing through every alley, are still modern-day metropolises, with ever-burgeoning populations and social …
Toward A Utah Intentionally Created Surplus Program, Devin Stelter
Toward A Utah Intentionally Created Surplus Program, Devin Stelter
Sustainable Development Law & Policy
The Colorado River Basin continues to face a now two decade-long drought sparked by the drastic effects of climate change on the region. Climate forecasting predicts that the adverse effects of climate change will only increase in severity in years to come. These effects have led federal, state, tribal, and private actors operating in the basin to search for innovative and effective solutions to the significant water scarcity problems that will persist into the future. A closely linked threat stemming from Colorado River water scarcity is the prospect of a “Compact call” on Upper Basin water by the Lower Basin …
About Sdlp, Sdlp
About Sdlp, Sdlp
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Editor's Note, Juliette Jackson, Bailey Nickoloff
Editor's Note, Juliette Jackson, Bailey Nickoloff
Sustainable Development Law & Policy
The Sustainable Development Law and Policy Brief (“SDLP”) is celebrating twenty-two years of legal scholarship on issues related to environmental, energy, natural resources, and international development law. SDLP continues to provide cutting-edge solutions to these legal issues in the face of the global COVID-19 Pandemic, while also transitioning back into a “new normal.” This issue is no different, as we published articles challenging our lawmakers and policy heads to address the impending needs of our communities to develop more sustainable infrastructure—needs that are only exacerbated by man-made climate change. We are proud of the work published, and we are forever …
Endnotes, Sdlp
Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Sustainable Development Law & Policy
The U.S. Resource Conservation and Recovery Act (“RCRA”) contains criminal provisions which allow prosecutors to seek substantial penalties when individuals commit hazardous waste crimes involving significant harm or culpable conduct. However, our empirical understanding of enforcement outcomes is limited. We used content analysis of 2,728 criminal prosecutions derived from U.S. EPA criminal investigations from 1983 to 2021 and examined all prosecutions of individual defendants for RCRA violations. Our results show that 222 prosecutions were adjudicated, with over $72.9 million in monetary penalties, 755 years of probation, and 451 years of incarceration levied at sentencing. Seventeen percent of prosecutions centered on …
It's Time To Trash Consumer Responsibility For Plastics: An Analysis Of Extended Producer Responsibility Laws' Sucess In Maine, Marina Mozak
It's Time To Trash Consumer Responsibility For Plastics: An Analysis Of Extended Producer Responsibility Laws' Sucess In Maine, Marina Mozak
Sustainable Development Law & Policy
Consumer responsibility for waste is a historic relic, dating back to a time when nearly all of a consumer’s waste was compostable, reusable, or marketable. Today, with the rise of plastics and complex goods like electronics, consumers lack the expertise, time, and ability to personally break down the products they consume for reuse. Much of our household waste goes to the curb and into a single stream of municipal solid waste (“MSW”). This includes a variety of wastes which each require specialized processing. Recycling this complex waste falls to municipalities which are woefully underfunded and underqualified to process such complex …
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Sustainable Development Law & Policy
This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …
About Sdlp, Sdlp
About Sdlp, Sdlp
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Editors' Note, Rachel Keylon, Meghen Sullivan
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Solenex, Llc V. Haaland, Jennifer Kieffer Jensen
Solenex, Llc V. Haaland, Jennifer Kieffer Jensen
Public Land & Resources Law Review
In 1982, BLM issued an oil and gas lease in the Badger-Two Medicine to Solenex’s predecessor. The Badger-Two Medicine, located in the Lewis and Clark National Forest, is an area of cultural and spiritual importance to the Blackfeet Tribe. After four decades of disagreement as to whether the lease was validly issued, the Secretary of the Interior found that the lease violated the National Historic Preservation Act. Accordingly, she canceled Solenex’s lease and revoked Solenex’s Application for Permit to Drill. The District Court for the District of Columbia held the Secretary did not possess the authority to cancel Solenex’s lease. …
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson
Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson
Seattle University Law Review
Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Seattle University Law Review
Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …
Beyond The Business Case: Moving From Transactional To Transformational Inclusion, Jamillah Bowman Williams
Beyond The Business Case: Moving From Transactional To Transformational Inclusion, Jamillah Bowman Williams
Seattle University Law Review
While workplace diversity is a hot topic, the extent to which the diversity management movement has effectively improved intergroup relations and reduced racial inequality remains unclear.1 Despite large investments in diversity and inclusion training and other company wide initiatives, historically excluded groups remain vastly underrepresented in leadership and the most lucrative careers, such as finance, law, and technology. This calls the efficacy of diversity, equity, and inclusion (DEI) efforts into question, particularly with respect to reducing racial inequality in the workplace.
This Article explains why it is time for organizational leaders to move beyond the transactional case for diversity and …