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- University of Colorado Law School (285)
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- Selected Works (7)
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- Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) (53)
- Golden Gate University Environmental Law Journal (16)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (14)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (13)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (12)
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- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (12)
- Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10) (11)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (11)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (10)
- The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18) (10)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (9)
- Baselines: The Natural Resources Law Center Newsletter (2007-2011) (8)
- Faculty Scholarship (8)
- Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-) (8)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (8)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (8)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (8)
- Books, Reports, and Studies (7)
- Air Quality Protection in the West (November 27-28) (6)
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (6)
- William & Mary Environmental Law and Policy Review (6)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (5)
- San Diego International Law Journal (5)
- CEES: The Center for Energy & Environmental Security [Newsletter] (2008) (4)
- Dissertations & Theses (4)
- Journal of Comparative Urban Law and Policy (4)
- Law Faculty Scholarly Articles (4)
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- Washington and Lee Journal of Energy, Climate, and the Environment (4)
- EESI: The Energy & Environmental Security Initiative [Newsletter] (2007) (3)
- Publication Type
Articles 31 - 60 of 388
Full-Text Articles in Law
The Snakehead War: Administrative Rule-Making And Legislative Strategies To Minimize Destruction By The Northern Snakehead, Joshua Rice
William & Mary Environmental Law and Policy Review
No abstract provided.
Getches-Wilkinson Center Newsletter, Spring 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center Newsletter, Spring 2016, 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.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States Achieves Progress in Iran Relations with Nuclear Agreement Implementation, Prisoner Swap, and Hague Claims Tribunal Resolutions • European Union and United States Conclude Agreement to Regulate Transatlantic Personal Data Transfers • After Lengthy Delay, Congress Approves IMF Governance Reforms that Empower Emerging Market and Developing Countries • United States Joins Consensus on Paris Climate Agreement • United States and Eleven Other Nations Conclude Trans-Pacific Partnership
Us Environmental Injustice Goes Well Beyond Flint, Lauren Carasik
Us Environmental Injustice Goes Well Beyond Flint, Lauren Carasik
Media Presence
No abstract provided.
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Jill M. Fraley
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
The Grass Is Not Always Greener: Congressional Dysfunction, Executive Action, And Climate Change In Comparative Perspective, Hari M. Osofsky, Jacqueline Peel
The Grass Is Not Always Greener: Congressional Dysfunction, Executive Action, And Climate Change In Comparative Perspective, Hari M. Osofsky, Jacqueline Peel
Chicago-Kent Law Review
Partisan climate change politics, paired with a legislative branch that is often deeply divided between two parties, has led to congressional gridlock in the United States. Numerous efforts at passing comprehensive climate change legislation have failed, and little prospect exists for such legislation in the foreseeable future. As a result, executive action under existing federal environmental statutes—often in interaction with litigation—has become the primary mechanism for national-level regulation of greenhouse gas emissions from motor vehicles and power plants.
Although many observers critique this state of affairs and wish for a legislature more able to act, this essay argues that more …
The Role Of Brazil And The United States In The International Promotion Of The Right To A Healthy Environment, José Adércio Leite Sampaio, Beatriz Souza Costa
The Role Of Brazil And The United States In The International Promotion Of The Right To A Healthy Environment, José Adércio Leite Sampaio, Beatriz Souza Costa
University of Baltimore Journal of International Law
This article has the objective of analyzing the role played by Brazil and the United States in protecting the right to a healthy environment at an international level, especially at the World Trade Organization level. First, we must try to identify the fundamental right to a healthy environment, in its internal dimension and as a human right, at the international level. We used the bibliographic technique and deductive methodology to develop the research. The results at the conclusion evidence that the behavior of political and economic agents has a direct impact on the level of environmental protection. In the United …
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Michigan Journal of Environmental & Administrative Law
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata
University of Miami International and Comparative Law Review
No abstract provided.
Getches-Wilkinson Center Newsletter, Fall 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center Newsletter, Fall 2015, 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.
Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein
Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein
Gabriel Eckstein
Despite more than forty years of promises to the contrary, neither Mexico nor the United States have shown any inclination to pursue a border-wide pact to coordinate management of the border region’s transboundary ground water resources. As a result, these critical resources – which serve as the sole or primary source of fresh water for most border communities on both sides – are being overexploited and polluted, leaving the local population with little recourse. Imminently unsustainable, the situation portends a grim future for the region. In the absence of national governmental interests and involvement on either side of the frontier, …
Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer
Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter Mayer, P.E., Water Demand Management
20 slides
What's Worse, Nuclear Waste Or The United States' Failed Policy For Its Disposal?, Christopher M. Keegan
What's Worse, Nuclear Waste Or The United States' Failed Policy For Its Disposal?, Christopher M. Keegan
University of Richmond Law Review
No abstract provided.
Getches-Wilkinson Center Newsletter, Spring 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center Newsletter, Spring 2015, 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.
Lessons From China’S Carbon Markets For U.S. Climate Change Policy, Susan Vermillion
Lessons From China’S Carbon Markets For U.S. Climate Change Policy, Susan Vermillion
William & Mary Environmental Law and Policy Review
No abstract provided.
Isolated Wetland Commons And The Constitution, Blake Hudson, Michael Hardig
Isolated Wetland Commons And The Constitution, Blake Hudson, Michael Hardig
Journal Articles
Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …
Legal Tools For Climate Adaptation Advocacy: Clean Water Act Permitting And Funding Programs, Channing R. Jones
Legal Tools For Climate Adaptation Advocacy: Clean Water Act Permitting And Funding Programs, Channing R. Jones
Sabin Center for Climate Change Law
Climate change imperils the quality of water resources and aquatic ecosystems by introducing or exacerbating supply challenges and pollution threats. Existing legal frameworks, including permitting and grant programs, can incorporate climate change adaptation into the way we protect water. In particular, the Clean Water Act – the primary tool used nationwide to protect surface waters from pollutant discharges and fill activity – can be used to promote climate change adaptation in a number of ways.
The Clean Water Act was enacted in 1972 and amended in 1977 and 1987. The statute is principally administered by the U.S. Environmental Protection Agency, …
Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches Wilkinson Center Newsletter, Fall 2014, 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.
Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett
Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett
Pace Environmental Law Review
Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal …
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
William & Mary Environmental Law and Policy Review
No abstract provided.
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
Industrial Hemp: Canada Exports, United States Imports, Courtney N. Moran Ll.M.
Industrial Hemp: Canada Exports, United States Imports, Courtney N. Moran Ll.M.
Courtney N. Moran LL.M.
Industrial hemp, a non-psychoactive variety of Cannabis sativa L., (C. sativa) is the greatest renewable resource available to mankind. Industrial hemp is an environmentally friendly crop that does not require herbicides or pesticides and can clean up toxins in soil. Manufacturers can produce hemp into over 25,000 products.
More than 30 industrialized nations, including Canada, cultivate industrial hemp for commercial purposes. Despite the fact that industrial hemp is a viable agricultural commodity, in the United States hemp is classified as marihuana, a Schedule I controlled substance, under the Controlled Substances Act (CSA). Therefore, it is illegal under U.S. federal law …
Getches Wilkinson Center Newsletter, Winter/Spring 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches Wilkinson Center Newsletter, Winter/Spring 2014, 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.
Us Federal Climate Change Law In Obama’S Second Term, Michael B. Gerrard, Shelley Welton
Us Federal Climate Change Law In Obama’S Second Term, Michael B. Gerrard, Shelley Welton
Faculty Scholarship
This commentary details the United States’ progress in advancing climate change law since President Barrack Obama’s re-election in 2012, in spite of congressional dysfunction and opposition. It describes how the Obama administration is building upon earlier regulatory efforts by using existing statutory authority to regulate greenhouse gas emissions from both new and existing power plants. It also explains the important role the judiciary has played in facilitating more robust executive actions, while at the same time courts have rejected citizen efforts to force judicial remedies for the problem of climate change. Finally, it suggests some reasons why climate change has …
Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber
Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
Agenda: Changing Regulatory Frameworks For Shale Development And "Social License To Operate", University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Changing Regulatory Frameworks For Shale Development And "Social License To Operate", University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Changing Regulatory Frameworks for Shale Development and "Social License to Operate" (July 24)
Rapid development of unconventional shale resources in recent years has raised a series of regulatory issues both here and abroad. Because of the "distributed" nature of shale development and the significant increase in wells in key basins, local land-use conflicts have also erupted in certain areas of the country, leading to restrictions and moratoria on drilling by state, county, and municipal governments and raising questions about the industry's continued social license to operate in key jurisdictions. This moderated panel discussion will assess the current regulatory framework governing shale gas development and the changing dynamics among federal, state, and local regulation …
Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond
Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Kelly T. Redmond, Regional Climatologist, Western Regional Climate Center (WRCC), Desert Research Institute
65 slides
Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman
Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman
CRHR: Archaeology
The American Antiquities Act, Historic Sites Act, Archeological and Historic Preservation Act, National Historic Preservation Act, American Indian Religious Freedom Act, Archeological Resources Protection Act, Abandoned Shipwreck Act, and the Native American Graves Protection and Repatriation Act comprise the basis of our exploration of cultural resource legislation in the United States. Since the passage of the American Antiquities Act in 1906, 1086 cases have challenged these statutes in U.S. courts. We investigate temporal and regional patterns of the case law to establish whether these laws are uniformly prosecuted throughout the U.S. Our findings suggest that case law is complex and …
Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches Wilkinson Center Newsletter, Winter/Spring 2013, 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.
The Collective Origins Of Toxic Air Pollution: Implications For Greenhouse Gas Trading And Toxic Hotspots, David E. Adelman
The Collective Origins Of Toxic Air Pollution: Implications For Greenhouse Gas Trading And Toxic Hotspots, David E. Adelman
Indiana Law Journal
This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air toxics nationally. Industrial sources, by contrast, rarely account for more than ten percent of cumulative cancer risks from all outdoor sources of air toxics. This pattern spans multiple spatial scales, ranging from census tracts to the nation as a whole. However, it is most pronounced in metropolitan areas, which have the lowest air quality and are home to eighty percent of the U.S. population. …