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Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo de Souza Dantas Fico, Leticia Machado Haertel 2017 InterAmerican Court of Human Rights

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning people ...


City Of Helena V. Community Of Rimini, Molly M. Kelly 2017 Alexander Blewett III School of Law at the University of Montana

City Of Helena V. Community Of Rimini, Molly M. Kelly

Public Land and Resources Law Review

After twenty years of adjudication, the Montana Supreme Court affirmed the City of Helena’s right to 13.75 cfs from Ten Mile Creek, the city’s primary water source. The Court found a statute allowing cities and municipalities to exercise water rights that have gone through extended periods of nonuse did not need a retroactive clause.


United States V. Gila Valley Irrigation District, Ryan L. Hickey 2017 Alexander Blewett III School of Law at the University of Montana

United States V. Gila Valley Irrigation District, Ryan L. Hickey

Public Land and Resources Law Review

Attempts to alter water use agreements, especially those spanning back decades or even centuries, elicit intense scrutiny from water rights holders. In United States v. Gila Valley Irrigation Dist., the Ninth Circuit upheld application of a 1935 Decree apportioning water among various regional entities, including two Indian tribes, to bar a mineral company from transferring water rights between properties within the Gila River drainage.


Getches-Wilkinson Center Newsletter, Fall 2017, University of Colorado Boulder. Getches-Wilkinson Center for Natural Resources, Energy, and the Environment 2017 University of Colorado Law School

Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom 2017 Alexander Blewett III School of Law at the University of Montana

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom

Public Land and Resources Law Review

In Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., the Ninth Circuit upheld the Tribe’s federal reserved right to the groundwater underlying its reservation. This decision enforces that the courts will not defer to state water law when there is an established federal reserved water right. Further, the Ninth Circuit expressly extended this right to groundwater.


Whatcom County V. Hirst, Et Al, Stephanie A. George 2017 Alexander Blewett III School of Law at the University of Montana

Whatcom County V. Hirst, Et Al, Stephanie A. George

Public Land and Resources Law Review

Upending decades of common practice in water management and building in the state of Washington, the Washington Supreme Court found Whatcom County violated the state’s Growth Management Act. Whatcom County used the Department of Ecology’s Nooksack Rule in evaluating permits for buildings and subdivisions that rely on permit-exempt wells. This decision affects families across the state of Washington.


The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar 2017 American University Washington College of Law

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar

Sustainable Development Law & Policy

No abstract provided.


Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall 2017 American University Washington College of Law

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.


Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson 2017 American University Washington College of Law

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson

Sustainable Development Law & Policy

No abstract provided.


Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson 2017 American University Washington College of Law

Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson

Sustainable Development Law & Policy

No abstract provided.


Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin 2017 American University Washington College of Law

Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin

Sustainable Development Law & Policy

No abstract provided.


You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch 2017 American University Washington College of Law

You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch

Sustainable Development Law & Policy

No abstract provided.


About Sdlp, 2017 American University Washington College of Law

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa 2017 University of New Mexico

Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa

Clifford J. Villa

No abstract provided.


Front Matter, Natural Resources i. Journal 2017 University of New Mexico

Front Matter, Natural Resources I. Journal

Natural Resources Journal

No abstract provided.


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

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.


Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang 2017 Tilburg University, Netherlands

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 2017 University of New Mexico

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 ...


Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau 2017 University of New Mexico

Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau

Natural Resources Journal

No abstract provided.


Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja 2017 University of New Mexico

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 ...


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