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- Institution
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- University of Colorado Law School (147)
- Selected Works (5)
- Pace University (3)
- SelectedWorks (3)
- University of Montana (3)
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- Pepperdine University (2)
- American University Washington College of Law (1)
- California Western School of Law (1)
- Cleveland State University (1)
- Marquette University Law School (1)
- Notre Dame Law School (1)
- SJ Quinney College of Law, University of Utah (1)
- University of Miami Law School (1)
- University of Michigan Law School (1)
- University of New Mexico (1)
- Publication Year
- Publication
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- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (12)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (10)
- Western Water Law in Transition (Summer Conference, June 3-5) (8)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (7)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (7)
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- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (6)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (6)
- Water Organizations in a Changing West (Summer Conference, June 14-16) (6)
- Books, Reports, and Studies (5)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (5)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (5)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (5)
- Air Quality Protection in the West (November 27-28) (4)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (4)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (4)
- Holly Doremus (3)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (3)
- Pace Environmental Law Review (3)
- Public Land & Resources Law Review (3)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (3)
- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (3)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (3)
- Water and Growth in the West (Summer Conference, June 7-9) (3)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (3)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (2)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (2)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (2)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (2)
- Paul Stanton Kibel (2)
- Pepperdine Law Review (2)
- Publication Type
Articles 1 - 30 of 172
Full-Text Articles in Law
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Faculty Scholarship
Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.
Border factories and a population spike contribute to the sewage. Maquiladoras, …
Note: The Weakest Link In Greenhouse Gas Emissions Regulation: A Comparative Study Of Methane Waste Law In The United States, Vienna Bottomley
Note: The Weakest Link In Greenhouse Gas Emissions Regulation: A Comparative Study Of Methane Waste Law In The United States, Vienna Bottomley
Notre Dame Journal on Emerging Technologies
In this comparative study, I will analyze the various methods employed by states for monitoring and curtailing methane leakage in comparison with approaches that have been employed at the federal level. I will juxtapose the regulatory regimes of Colorado, North Dakota, New York, Pennsylvania, New Mexico, and California with the Obama Administration methane leakage regulations, including the 2016 Bureau of Land Management (BLM) "methane waste rule" regulations that the Trump Administration formally rolled back in September 2018. Finally, I will consider what the failure of the Obama Administration methane leak regulations means for climate change law in the United States …
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Public Land & Resources Law Review
In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …
State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger
State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger
Pace Environmental Law Review
This Article explores the potential for state public nuisance claims to facilitate adaptation, resource protection, and other climate change responses by coastal communities in California. The California public nuisance actions represent just the latest chapter in efforts to spur responses to climate change and attribute responsibility for climate change through the common law. Part II of this Article describes the California public nuisance lawsuits and situates them in the context of common law actions directed against climate change. Part III considers the preliminary defenses that defendants have raised and could raise in the California public nuisance lawsuits, including the existence …
"I Had A Lakehouse In Tahoe": The Legal Ramifications Of California Tapping Lake Tahoe And How It Affects Homeowners, Gregory Stratz
"I Had A Lakehouse In Tahoe": The Legal Ramifications Of California Tapping Lake Tahoe And How It Affects Homeowners, Gregory Stratz
Marquette Law Review
none
The New Agriculture: From Food Farms To Solar Farms, Jessica Owley, Amy Wilson Morris
The New Agriculture: From Food Farms To Solar Farms, Jessica Owley, Amy Wilson Morris
Articles
Across the United States, government agencies and energy developers are looking to agricultural land for development of renewable energy. One attraction of agricultural lands is that they are already relatively ecologically impaired compared with the previous solar development sites in the California and Arizona desert that have been a major source of concern for many environmental groups-and subject to expensive mitigation requirements under the Endangered Species Act. Renewable energy development pressures are accelerating the existing loss of agricultural land, heightening concerns about food security and the economic viability of agricultural communities. California farmland is at the center of this conflict. …
California Climate Change Lawsuits: Can The Courts Help With Sea-Level Rise, And Who Knew What When?, Robin Kundis Craig
California Climate Change Lawsuits: Can The Courts Help With Sea-Level Rise, And Who Knew What When?, Robin Kundis Craig
Utah Law Faculty Scholarship
Between 1900 and 2005, sea level along the extensive California coast rose seven inches (17.8 centimeters), and sea level rise there is still accelerating. Indeed, as the U.S. Global Change Research Program reported in 2014, the California coast faces a multitude of economic and ecological challenges as a result of climate change.Small wonder, then, that the State of California and several California communities—especially those in the San Francisco Bay area—have brought a series of lawsuits against some of the biggest sources of greenhouse gas (GHG) emissions, seeking both to slow the pace of climate change and to secure financial judgments …
California V. United States Bureau Of Land Management, Molly M. Kelly
California V. United States Bureau Of Land Management, Molly M. Kelly
Public Land & Resources Law Review
After President Trump’s Executive Order No. 13783 encouraging relaxing regulatory burdens on energy production, the Bureau of Land Management reevaluated its 2016 “Waste Prevention Rule” which addressed waste of natural gas from venting, flaring, or other leaks resulting from oil and natural gas production activities. The BLM sought to postpone the Rule’s compliance date to give the agency time to promulgate a new rule—effectively overruling the 2016 Rule. Plaintiffs challenged the agency’s compliance under the Administrative Procedures Act, and the court found the BLM did not properly follow APA requirements.
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall
Sustainable Development Law & Policy
No abstract provided.
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
In partnership with the Getches-Wilkinson Center, join The Wilderness Society and Protect Our Winters for an interactive presentation about energy development and climate impacts on public lands.
This event was held on Wednesday, October 12, 2016, 5:30 - 7:30 p.m., in the University of Colorado Law School, Wolf Law Building, Wittemyer Courtroom.
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
Presenters:
Jim Ramey, The Wilderness Society
Lindsay Bourgoine, Protect Our Winters
56 slides
California Climate Law---Model Or Object Lesson?, Daniel A. Farber
California Climate Law---Model Or Object Lesson?, Daniel A. Farber
Daniel A Farber
In the invitation to this Symposium on Reconceptualizing the Future of Environmental Law, the organizers explained that the Symposium “focuses on the continued expansion of environmental law into distinct areas of the law, requiring an increasingly multidisciplinary approach beyond that of traditional federal regulation.” In short, the question posed is about the future proliferation of environmental measures outside the previous domains of federal environmental statutes. At the risk of being guilty of local parochialism, I would like to discuss how the future described by the organizers has already arrived in California--both in the sense that a great deal is happening …
Water, Growth And The Endangered Species Act, Holly Doremus
Water, Growth And The Endangered Species Act, Holly Doremus
Water, Growth And The Endangered Species Act, Holly Doremus
Privatization Of Water Desalination: The Need To Balance Governmental And Corporate Control In California, Melissa Lee
Privatization Of Water Desalination: The Need To Balance Governmental And Corporate Control In California, Melissa Lee
Global Business Law Review
This note argues that California has to create regulations that prevent complete privatization of desalination facilities and protect the public's right to the water. This note provides a model that should be adopted by California in order to safeguard the water and community. There must be legislations and regulations to answer important issues of water rights and distribution of the desalinated water. Israel has utilized and the technology of desalination for half a century and has laws pertaining to water and privatization that can provide insight into what should be adopted by California.
Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)
Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.
Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson
"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Michigan Journal of Environmental & Administrative Law
The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Municipal Wildfire Management In California: A Local Response To Global Climate Change, Sameer Ponkshe
Municipal Wildfire Management In California: A Local Response To Global Climate Change, Sameer Ponkshe
Pace Environmental Law Review
This Note will examine the wildfire issue in California within the context of municipal government. Part II-A will present a concise look at the current state of affairs regarding climate change, which demonstrates that because little has changed on the international level regarding emissions reductions, the responsibility of protecting people from the catastrophes associated with climate change will fall to lower levels of government. Part II-B will then discuss how wildfire activity is affected by climate change, with specific attention to how the western U.S. has been affected. Part III of this Note focuses on actions of several different municipalities …
California Climate Law---Model Or Object Lesson?, Daniel A. Farber
California Climate Law---Model Or Object Lesson?, Daniel A. Farber
Pace Environmental Law Review
In the invitation to this Symposium on Reconceptualizing the Future of Environmental Law, the organizers explained that the Symposium “focuses on the continued expansion of environmental law into distinct areas of the law, requiring an increasingly multidisciplinary approach beyond that of traditional federal regulation.” In short, the question posed is about the future proliferation of environmental measures outside the previous domains of federal environmental statutes.
At the risk of being guilty of local parochialism, I would like to discuss how the future described by the organizers has already arrived in California--both in the sense that a great deal is happening …
Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle
Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Anne J. Castle, Stanford Woods Institute for the Environment
40 slides
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: Never Let A Crisis Go To Waste, Lester Snow
Slides: Never Let A Crisis Go To Waste, Lester Snow
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Lester Snow, Executive Director, California Water Foundation
39 slides
Slides: Water Planning In California: Past, Present, Future, Ellen Hanak
Slides: Water Planning In California: Past, Present, Future, Ellen Hanak
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ellen Hanak, Senior Fellow and Director, PPIC Water Policy Center, Public Policy Institute of California
13 slides
Slides: California's Bay-Delta Conveyance Problem: A Light At The End Of The Tunnel(S)?, Jerry Meral
Slides: California's Bay-Delta Conveyance Problem: A Light At The End Of The Tunnel(S)?, Jerry Meral
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Jerry Meral, Director of California Water Programs, Natural Heritage Institute
8 slides
Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO
25 slides
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona
25 slides
Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen
Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Michael Cohen, Senior Research Associate, Pacific Institute
29 slides