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Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.

Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron

San Diego International Law Journal

The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …

Fisheries And Oceans Governance In Australia And Canada: From Sectoral Management To Integration?, Marcus Haward, Rod Dobell, Anthony Charles, Elizabeth Foster

Dalhousie Law Journal

Australia and Canada have significant oceans domains, and concomitant responsibility for large maritime zones. Fisheries in both countries are important activities with capture fishing, aquaculture and associated processing being vital rural industries Australia and Canada both face major challenges affecting fisheries management. These challenges include managing multiple and at times conflicting uses and claims on ocean and marine resources, while also recognizing the complexity and profound uncertainty associated with those resources. In that context, and having regard to the different histories of Australia and Canada, this paper outlines the different strategies and emphases adopted recently by the two countries. These …

Judges' Bench Memorandum: Fifteenth Annual Pace National Environmental Moot Court Competition, Megan Brillault

Pace Environmental Law Review

No abstract provided.

Brief For The Appellant, United States: Fifteenth Annual Pace National Environmental Moot Court Competition, Della Au Belatti, Summer Kupau, Stanton K. Oishi

Pace Environmental Law Review

No abstract provided.

Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag

Dalhousie Law Journal

Challenges in ocean and coastal management are facing all coastal states of the world. including Australia and Canada. Overharvesting of fish stocks, increasing pressure from land-based sources of pollution, expanding offshore petroleum developments, and rising risks of ship-sourced pollution in fragile marine ecosystems have caused both countries to begin a process of reassessment and rethinking. In January 1997 Canada adopted a new Oceans Act, which called for the development of a National Oceans Management Strategy based on principles of sustainable development, precaution and integration, and a new national marine protected areas network. In December 1998, Australia released a National Oceans …

Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache

Dalhousie Law Journal

In the late 1980s and early 1990s a number of factors and events coalesced to encourage the international community to re-examine high seas fisheries issues. The need to enhance the effectiveness of regional fisheries organizations led to the development of the 1995 United Nations Fish Stocks Agreement, dealing with straddling and highly migratory stocks. Both Canada and Australia played a significant role in the development of this agreement While having much in common, each state had different interests and concerns Canada's attention was focused on the problem of straddling stocks, while Australia 's interests have been primarily, though not exclusively, …

Canadian East Coast Offshore Oil And Gas Industry: Sustainable Development Through Cooperative Federalism, Keith R. Evans

Dalhousie Law Journal

For many years, development of the oil and gas potential off the east coast of Canada was delayed while the jurisdictional issues in respect of the area were resolved. While the provinces lost the major court battles on jurisdiction, political pressures combined with practical aspects of provincial involvement in the land bases for operations in the offshore area have resulted in pragmatic cooperation between the two levels of government and the establishment of joint administrative Boards to oversee exploration and development in the area. This paper explores the background to and the mechanics used for this pragmatic constitutional resolution and, …

Brief For The Appellant/Appellee, State Of New Union: Fifteenth Annual Pace National Environmental Moot Court Competition, Jill Brown, Melanie Kleiss, David Zoll

Pace Environmental Law Review

No abstract provided.

Brief For The Appellee, Goldthumb Mining Co., Inc.: Fifteenth Annual Pace National Environmental Moot Court Competition, Deborah Dunn, Karolyn Klohe, Shawn Aaron Young

Pace Environmental Law Review

No abstract provided.

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross

Michigan Journal of International Law

A number of structural factors, which are beyond the immediate scope of this Note, may influence less wealthy countries to cave in to investor threats of arbitration, as Indonesia appears to have done here. However, their hesitancy to fight may also be based, in part, on an inadequate understanding of the applicable law, which allows investors to inordinately influence host-State decisions through threats of arbitration that have little or no chance of success. In regard to the mining companies' threat, this at least appears to be the case. As this Note will demonstrate, the GOI could have likely beaten the …

Death Of A Monster: Laws May Finally Kill Gila River Adjudication, Lindsay Murphy

American Indian Law Review

No abstract provided.

Beyond The “Courts Of The Conqueror”: Balancing Private And Cultural Property Rights Under Hawaiian Law, M. Casey Jarman, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

Sprawl And “Paper Water”: A Reality Check From The California Courts, Paul Stanton Kibel, Barry H. Epstein

Paul Stanton Kibel

No abstract provided.

Healthy Forests Or An Invitation To Log?: Forest Practices Under The Bush Administration, Jan Chatten-Brown, Amy Minteer

Public Interest Law Reporter

No abstract provided.

Cutting Science, Ecology, And Transparency Out Of National Forest Management: How The Bush Administration Uses The Judicial System To Weaken Environmental Laws, William Snape Iii

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Abandoning The Pia Standard: A Comment On Gila V, Galen Lemei

Michigan Journal of Race and Law

Part I of this Note examines the development of Indian reserved water rights, and the practicably irrigable acreage method of quantifying those rights, as defined by the Court. Part II describes the arguments of state and private interests that oppose broad Indian water rights. Part III discusses Gila V, including the Arizona Supreme Court's rationale for abandoning the standard set forth by the U.S. Supreme Court and the standard for quantifying Indian reserved rights that the court applied in its place. Part IV analyzes the Arizona Supreme Court's justifications for abandoning the standard, and considers alternate grounds for the …

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer

Publications

No abstract provided.

Foreword: Annual Review Of Environmental And Natural Resources Law, Jessica Owley Lippmann

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

A Less Tragic Commons?: Using Harvester And Processor Quotas To Address Crab Overfishing, Avi Brisman

Seattle University Law Review

Part II of this Comment provides a brief overview of the history of the Magnuson Act. Part III describes the current status of the BSAI crab fisheries and the need for crab rationalization. In Part IV, this Comment examines NPFMC's preferred alternative—the three-pie voluntary cooperative program as set forth in its Bering Sea Crab Rationalization Program Alternatives: Public Review Draft (May, 2002) and Summary of the North Pacific Fishery Management Council's Bering Sea and Aleutian Islands Crab Rationalization Program Submitted to the United States Congress, August, 2002. Part V looks at the legal issues surrounding processor quotas, focusing specifically on …

Solid Waste Agency Of Northern Cook County V. U.S. Army Corps Of Engineers: Isolated Waters, Migratory Birds, Statutory And Constitutional Interpretation, Edward A. Fitzgerald

Natural Resources Journal

No abstract provided.

Federalism In The Forest: National Versus State Natural Resource Policy, By Tomas M. Koontz, Heather Wight-Axling

Natural Resources Journal

No abstract provided.

Proposal For A Model State Watershed Management Act, J.B. Ruhl, C.L. Lant, Steven E. Kraft, Leslie A. Duram, Tim Loftus

Vanderbilt Law School Faculty Publications

During the Montana Constitutional Convention of 1889, John Wesley Powell, envisioning a landscape of watershed commonwealths, proposed that Montana adopt watersheds as the boundaries of its counties. The idea did not catch on. Over time, the power of local governments to regulate land use has grown immensely, but the misfit between their political boundaries and environmental policy problem sheds has persisted. As our understanding of ecosystem dynamics improves, however, natural resources management policy is gravitating, once again, to the watershed as an appropriate unit of governance. Many federal and state natural resource management initiatives have come on line in the …

Piney Run: The Permits Are Not What They Seem, Jessica Owley Lippmann

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Preparing For Climatic Change: The Water, Salmon, And Forests Of The Pacific Northwest, Philip W. Mote, Edward A. Parson, Alan F. Hamlet, William S. Keeton, Dennis Lettenmaier, Nathan Mantua, Edward L. Miles, David W. Peterson, David L. Peterson, Richard Slaughter, Amy K. Snover

Articles

The impacts of year-to-year and decade-to-decade climatic variations on some of the Pacific Northwest’s key natural resources can be quantified to estimate sensitivity to regional climatic changes expected as part of anthropogenic global climatic change. Warmer, drier years, often associated with El Niño events and/or the warm phase of the Pacific Decadal Oscillation, tend to be associated with below-average snowpack, streamflow, and flood risk, below-average salmon survival, below-average forest growth, and above-average risk of forest fire. During the 20th century, the region experienced a warming of 0.8 ◦C. Using output from eight climate models, we project a further warming of …

The Monumental Legacy Of The Antiquities Act Of 1906, Mark Squillace

Publications

The Antiquities Act of 1906 authorizes the President of the United States "to declare by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon [federal] lands . . . to be national monuments . . . " The law was passed during the Theodore Roosevelt administration, and Roosevelt quickly set about designating a wide range of lands and resources as national monuments, including notably, the 800,000 acre Grand Canyon National Monument. Roosevelt's expansive interpretation of the law was embraced by later presidents and ultimately by the Supreme Court. In …

Western Justice, Richard B. Collins

Publications

No abstract provided.

Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff

Publications

No abstract provided.

In The Absence Of Title: Responding To Federal Ownership In Sacred Sites Cases, Kristen A. Carpenter

Publications

This paper examines the challenge of protecting American Indian sacred sites located on federal public lands. Many have addressed this issue in the religious freedoms context, but I believe the problem is just as much about property law. The Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association, for example, would appear to suggest that federal ownership of certain sacred sites trumps tribal free exercise clause claims regarding those sites. This holding corresponds with a classic model in which "[p]roperty is about rights over things and the people who have those rights are called owners." However, a …