Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (5)
- Public Land & Resources Law Review (4)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (4)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (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)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (2)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (2)
- Sustainable Development Law & Policy (2)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (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)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (2)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (2)
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (1)
- Best Practices for Community and Environmental Protection (October 14) (1)
- Books, Reports, and Studies (1)
- Chicago-Kent Law Review (1)
- Coalbed Methane Development in the Intermountain West (April 4-5) (1)
- Faculty Scholarship (1)
- Jonathan Wood (1)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (1)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (1)
- The Promise and Peril of Oil Shale Development (February 5) (1)
- Western Water Law in Transition (Summer Conference, June 3-5) (1)
- Workshop on Directional Drilling in the Rocky Mountain Region (November 13) (1)
- Publication Type
Articles 1 - 30 of 47
Full-Text Articles in Law
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
Public Land & Resources Law Review
The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public Land & Resources Law Review
In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …
Center For Biological Diversity V. Zinke, Ryan Hickey
Center For Biological Diversity V. Zinke, Ryan Hickey
Public Land & Resources Law Review
The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose
Sustainable Development Law & Policy
No abstract provided.
Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom
Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom
Sustainable Development Law & Policy
No abstract provided.
Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity, Michael Gerrard
Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity, Michael Gerrard
Faculty Scholarship
Decarbonizing the U.S. energy system will require a program of building onshore wind, offshore wind, utility-scale solar, and associated transmission that will exceed what has been done before in the United States by many times, every year out to 2050. These facilities, together with rooftop photovoltaics and other distributed generation, are required to replace most fossil fuel generation and to help furnish the added electricity that will be needed as many uses currently employing fossil fuels (especially passenger transportation and space and water heating) are electrified. This Article, excerpted from Michael B. Gerrard & John Dernbach, eds., Legal Pathways to …
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Jonathan Wood
The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe
34 slides
Slides: New Era Of Water Banking And Refined "Water Accounting", Bonnie Colby
Slides: New Era Of Water Banking And Refined "Water Accounting", Bonnie Colby
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Professor Bonnie Colby, Departments of Agricultural and Resource Economics and Hydrology and Water Resources, University of Arizona
23 slides
The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock
The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock
Chicago-Kent Law Review
Hydroelectric energy is the oldest major source of non-carbon, renewable energy and is the only conventional renewable resource in the current energy mix. Increased hydro capacity would seem to be a key element of any United States energy policy designed to promote the greater use of renewable resources. However, for several decades hydro has been perceived as a mature, fully developed technology. This article argues that any effort to stimulate substantial new hydro capacity will face a series of environmental legal and policy constraints. Efforts to adapt to global climate change will further complicate efforts to increase hydro electric generation. …
Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt
Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt
The Promise and Peril of Oil Shale Development (February 5)
Presenter: David Bernhardt, Brownstein Hyatt Farber Schreck, Denver, CO
13 slides
The Evolution Of Natural Resources Law And Policy, Lawrence J. Macdonnell, Sarah F. Bates
The Evolution Of Natural Resources Law And Policy, Lawrence J. Macdonnell, Sarah F. Bates
Books, Reports, and Studies
This digital resource contains only an abstract, cover image and table of contents information from the published book.
Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b444104~S0
Contents: Introduction / Bruce Babbitt -- PART I : REFLECTIONS ON NATURAL RESOURCES LAW AND POLICY: Historical evolution and future of natural resources law and policy / Sally Fairfax, Helen M. Ingram, Leigh Raymond -- Ethical perspectives on resources law and policy : global warming and our common future / Sarah Krakoff -- Why care about the polar bear? : economic analysis of natural resources law and …
Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative
Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative
Best Practices for Community and Environmental Protection (October 14)
Presenter: Brian Kurzel, Colorado Natural Areas Program (CNAP)
27 slides
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO
27 slides
Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell
Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Craig Bell, Western Water States Council, Midvale, Utah
9 slides
Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller
Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Bart Miller, Western Resource Advocates, Boulder, CO
13 slides
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Shaun McGrath, Program Director, Western Governors’ Association
25 slides
Slides: Global Warming And The Endangered Species Act, Kieran Suckling
Slides: Global Warming And The Endangered Species Act, Kieran Suckling
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Kieran Suckling, Center for Biological Diversity
15 slides
Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
The Center’s 29th annual conference will focus on the changes in the West resulting from rapid population growth, development, disrupted historical weather patterns and the effects of those changes on land, water, and energy resources. Speakers and panelists will address the adaptability of the legal and political institutions and how the transformation of the West may foreshadow fundamental changes to these institutions.
The agenda includes panel discussions that will address:
- Water for the 21st Century —the big questions in Western water and rethinking Western water law.
- The Future of Energy —practical and sophisticated solutions to overcome the energy …
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
7 pages.
Includes bibliographical references
"Robert B. Keiter, Wallace Stegner Professor of Law, University of Utah, S.J. Quinney College of Law"
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: J.B. Ruhl, Florida State University Law School
18 slides
Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch
Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Russell W. Busch, Attorney for the Lower Elwha Klallam Tribe
10 pages.
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
19 pages.
"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"
Slides: Lessons Learned From The Development And Implementation Of An Adaptive Management Plan At Three Hydropower Plants In Northeastern Washington State, Bob Dach
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Bob Dach, Federal Activities Specialist, U.S. Fish and Wildlife Service, Mountain-Prairie Region, Lakewood, CO
11 slides
Notes From The Directional Drilling Workshop, University Of Colorado Boulder. Natural Resources Law Center
Notes From The Directional Drilling Workshop, University Of Colorado Boulder. Natural Resources Law Center
Workshop on Directional Drilling in the Rocky Mountain Region (November 13)
20 pages
"These notes were taken by one of our law students attending the workshop. They are not a verbatim transcript and they were not supplied by, and may not have been reviewed by, the speakers. There may be errors or gaps in the notes and for these we apologize in advance. Where the speaker provided an abstract of their talk, these are included and noted as such."
Federal, State, And Local Regulatory Framework For Permitting Of Cbm Development, Kate Zimmerman
Federal, State, And Local Regulatory Framework For Permitting Of Cbm Development, Kate Zimmerman
Coalbed Methane Development in the Intermountain West (April 4-5)
17 pages.
Contains 5 pages of endnotes.
The Future Of Western Water Developments, John Keys
The Future Of Western Water Developments, John Keys
Dams: Water and Power in the New West (Summer Conference, June 2-4)
9 pages.
Integrating New Values With Old Uses In The Relicensing Of Kingsley Dam And Related Facilities (Making Part Of The Problem A Part Of The Solution), Margot Zallen
Dams: Water and Power in the New West (Summer Conference, June 2-4)
21 pages (includes illustrations and map).
Initiatives And Conflicts In Changing Federal Facility Operation, Lawrence J. Macdonnell
Initiatives And Conflicts In Changing Federal Facility Operation, Lawrence J. Macdonnell
Dams: Water and Power in the New West (Summer Conference, June 2-4)
18 pages.
Contains references.