Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of New Mexico (35)
- University of Colorado Law School (32)
- Selected Works (9)
- University of Richmond (8)
- University of Georgia School of Law (7)
-
- University of the Pacific (7)
- Golden Gate University School of Law (6)
- Pace University (6)
- UIdaho Law (4)
- University of Maryland Francis King Carey School of Law (4)
- University of Montana (4)
- William & Mary Law School (4)
- SelectedWorks (3)
- University of Kentucky (3)
- Columbia Law School (2)
- Florida International University College of Law (2)
- Maurer School of Law: Indiana University (2)
- Schulich School of Law, Dalhousie University (2)
- St. Mary's University (2)
- Texas A&M University School of Law (2)
- University of Florida Levin College of Law (2)
- University of Michigan Law School (2)
- American University Washington College of Law (1)
- Brigham Young University Law School (1)
- California Polytechnic State University, San Luis Obispo (1)
- Central Washington University (1)
- Chapman University Dale E. Fowler School of Law (1)
- Florida A&M University College of Law (1)
- Florida State University College of Law (1)
- Pepperdine University (1)
- Keyword
-
- Fracking (21)
- Fracing (19)
- Hydraulic fracturing (19)
- Water (14)
- Water law (14)
-
- Clean Water Act (9)
- Colorado (9)
- Natural gas (9)
- Water rights (9)
- EPA (8)
- Environmental law (8)
- Regulations (8)
- Groundwater (7)
- Oil and gas development (7)
- Water Law (7)
- COGCC (6)
- Climate change (6)
- Drilling (6)
- Pollution (6)
- Water quality (6)
- Wyoming (6)
- Methane (5)
- Science (5)
- Utah (5)
- Wells (5)
- Air quality (4)
- CRRG (4)
- Drought (4)
- Emissions (4)
- Environmental Protection Agency (4)
- Publication
-
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (21)
- Water Matters! (15)
- Publications (10)
- Faculty Scholarship (8)
- Natural Resources Journal (8)
-
- University of Richmond Law Review (8)
- Books, Reports, and Studies (6)
- Christine A. Klein (6)
- Georgia Journal of International & Comparative Law (6)
- Elisabeth Haub School of Law Faculty Publications (5)
- McGeorge Law Review (5)
- Articles (4)
- William & Mary Environmental Law and Policy Review (4)
- Public Land & Resources Law Review (3)
- Faculty Articles (2)
- Faculty Publications (2)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (2)
- Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-) (2)
- Kentucky Journal of Equine, Agriculture, & Natural Resources Law (2)
- Michigan Journal of Environmental & Administrative Law (2)
- Native American Water Rights Settlement Project (2)
- UF Law Faculty Publications (2)
- All Master's Theses (1)
- American Indian Law Journal (1)
- American Indian Law Review (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- BYU Law Review (1)
- Book Gallery (1)
- CUEL - Center for Urban Environmental Law (1)
- Publication Type
Articles 1 - 30 of 166
Full-Text Articles in Law
Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray
Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray
BYU Law Review
One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …
Habitat And Harvest: The Modern Scope Of Tribal Treaty Rights To Hunt And Fish, Whitney Angell Leonard
Habitat And Harvest: The Modern Scope Of Tribal Treaty Rights To Hunt And Fish, Whitney Angell Leonard
American Indian Law Journal
No abstract provided.
Bill Williams River Water Rights Settlement Act Of 2014, United States 113th Congress
Bill Williams River Water Rights Settlement Act Of 2014, United States 113th Congress
Native American Water Rights Settlement Project
To direct the Secretary of the Interior to enter into the Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, to provide for the lease of certain land located within Planet Ranch on the Bill Williams River in the State of Arizona to benefit the Lower Colorado River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed in the State of Arizona.
Specially Invited Opinions And Research Report Of The International Water Law Project: Global Perspectives On The Entry Into Force Of The Un Watercourses Convention 2014: Part One, Gabriel Eckstein, Salman M.A. Salman, Dinara Ziganshina, Kishor Uprety, Götz Reichert
Specially Invited Opinions And Research Report Of The International Water Law Project: Global Perspectives On The Entry Into Force Of The Un Watercourses Convention 2014: Part One, Gabriel Eckstein, Salman M.A. Salman, Dinara Ziganshina, Kishor Uprety, Götz Reichert
Faculty Scholarship
This is the first part of a two-part research report on opinions of prominent international water lawyers from each continent on the potential impacts of the 1997 UN Convention on Non-Navigational Uses of International Watercourses. The second part of the report was published in Water Policy 17(1).
The following compilation is reproduced and adapted from a series of essays that appeared in the blog of the International Water Law Project (www.internationalwaterlaw.org). The series was solicited in preparation for the coming into force of the 1997 UN Convention on the Non-navigational Uses of International Watercourses. The Convention had been pending for …
The Greenback, The Humpback, And The Silverback: How A Third Wave Of Federal Water Policy Could Benefit The West, Reed D. Benson
The Greenback, The Humpback, And The Silverback: How A Third Wave Of Federal Water Policy Could Benefit The West, Reed D. Benson
Faculty Scholarship
Proposing any major new federal initiative regarding water in the western United States might seem preposterous, given conventional wisdom and entrenched positions on state control of water resources. But there is a strong rationale, and a growing imperative, for a new federal water .policy for the West. Many river basins face serious problems as limited water supplies are over-allocated, demands continue to increase, and climate change promises to exacerbate the West's perennial problems of scarcity and variability. Solutions to such problems are likely to be expensive and will need to address national interests as well as state and local concerns. …
Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons
Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons
William & Mary Environmental Law and Policy Review
No abstract provided.
Navigating Through The Confusion Left In The Wake Of Rapanos: Why A Rule Clarifying And Broadening Jurisdiction Under The Clean Water Act Is Necessary, Kristen Clark
William & Mary Environmental Law and Policy Review
No abstract provided.
Water Transfers: The Case Against Transbasin Diversions In The Eastern States, Christine A. Klein
Water Transfers: The Case Against Transbasin Diversions In The Eastern States, Christine A. Klein
Christine A. Klein
Water policy in the western states consistently has embraced a nineteenth century, supply-side mentality, requiring cities and other water providers to satisfy an ever-growing demand for water at virtually any cost. As a result, the western states rely upon thousands of engineered water transfers-even siphoning water from one side of mountain ranges to the other-in an un-sustainable attempt to support growth. This article challenges the conventional reliance upon transbasin diversions as a response to shortage. It argues that importing water from distant watersheds lulls growing communities into a false sense of security, subsidizes unsustainable growth, and exacts significant social, economic, …
The Law Of The Lakes: From Protectionism To Sustainability, Christine A. Klein
The Law Of The Lakes: From Protectionism To Sustainability, Christine A. Klein
Christine A. Klein
This Article has a practical goal: to convince state lawmakers of the need to regulate in a comprehensive and evenhanded manner, avoiding short-sighted fixes or politically appealing shortcuts. To accomplish that goal, Part I focuses upon another region of the country-the Colorado River Basin-where residents have also undertaken the task of managing a water system that includes two nations(The United States and Mexico) and numerous states. Learning from the successes and failures of the resultant Law of the River, this Article derives guiding principles for the emerging Law of the Lakes. Part II makes a crucial distinction between protectionism and …
Water Bankruptcy, Christine A. Klein
Water Bankruptcy, Christine A. Klein
Christine A. Klein
Many western states are on the verge of bankruptcy, with debts exceeding assets. And yet, they continue to take on additional debt through contracts and other commitments. Although this distress sounds like an outgrowth of the 2008 recession, this crisis involves water, not money. In particular, the problem concerns the western prior appropriation system of water law, which allocates the right to use water under the priority principle of “first in time, first in right.” In many states, the system is so “over-allocated” that it promises to deliver annually much more water than nature provides. The crisis will deepen as …
On Integrity: Some Considerations For Water Law, Christine A. Klein
On Integrity: Some Considerations For Water Law, Christine A. Klein
Christine A. Klein
Expanding upon the aspects of integrity protected under the Clean Water Act, this Article will explore the relevance to water law of chemical,physical, ecosystem, social, and ethical integrity. Just as the Clean Water Act intended to prevent unacceptable "perturbations" of ecosystems, so also this Article will consider the extent to which the law itself may work an unacceptable perturbation of fundamental hydrologic and social principles. In many instances, water policy compartmentalizes the law in ways that have little to do with hydrologic reality and in ways that are antithetical to wholeness and integrity. Examples include the legal bifurcation of surface …
Modernizing Water Law: The Example Of Florida, Christine A. Klein, Mary Jane Angelo, Richard Hamann
Modernizing Water Law: The Example Of Florida, Christine A. Klein, Mary Jane Angelo, Richard Hamann
Christine A. Klein
This Article takes a national view of the modernization of water law. Using Florida as an example, it identifies some of the most important and controversial challenges faced by states. Part II provides an overview of the process of water law reform. As states attempt to improve water management, they have modified their common law water allocation systems with an overlay of statutory law. Often, the process occurs in a piecemeal fashion, resulting in a patchwork of rules -- common law and statutory, old and new. In rare cases -- including that of Florida -- the process may be more …
Compartmentalized Thinking And The Clean Water Act, Christine A. Klein
Compartmentalized Thinking And The Clean Water Act, Christine A. Klein
Christine A. Klein
Modern water pollution control traces back to the Federal Water Pollution Control Act of 1972 (Clean Water Act or CWA). Like other statutes of its period, the CWA addresses pollution of a single medium, water. Despite its goal of achieving aquatic integrity, the CWA succumbs to what this article refers to as “compartmentalized thinking.” That is, in drafting the CWA, Congress created a series of regulatory boxes that separate water into constituent parts recognized by law, but not by nature. Undertaking a deeper examination of the fragmentation instinct, this article turns to political theory and cognitive psychology for explanations. In …
Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi
Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi
Georgia Journal of International & Comparative Law
No abstract provided.
Rainwater Recapture: Development Regulations Promoting Water Conservation, Julian C. Juergensmeyer
Rainwater Recapture: Development Regulations Promoting Water Conservation, Julian C. Juergensmeyer
Julian C. Juergensmeyer
The increasing need for water conservation in the eastern as well as western parts of the United States is focusing attention on rainwater recapture. The technology available is effective and relatively inexpensive. Using land development regulations to require or encourage new development to incorporate rainwater recapture facilities is one approach to alleviation of local water shortages.
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.
The Failure And Future Of Lake Okeechobee Water Releases: A Quasi-Governmental Solution, Jacquelyn A. Thomas
The Failure And Future Of Lake Okeechobee Water Releases: A Quasi-Governmental Solution, Jacquelyn A. Thomas
Florida State University Law Review
No abstract provided.
The Effect Of The Syrian Crisis On Jordanian Internal Security, Andrew E. Szparaga
The Effect Of The Syrian Crisis On Jordanian Internal Security, Andrew E. Szparaga
Independent Study Project (ISP) Collection
Jordan has a refugee crisis; between 620,000 and 1.3 million Syrian refugees are seeking refuge in Jordan. This report aims to answer which aspect of Jordanian security the refugees have the biggest effect on. It also aims to answer whether the refugees based in camps, like Za’atari, or those integrated into the Jordanian communities are more threatening to internal security. Because many argue that Syrian refugees have a negative effect on the economic, environmental, military, political, and social securities of Jordan, many believe that they might pose a possible threat to the country’s internal security factors. The Syrian refugees have …
Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely
Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely
Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Blueprint For The Great Lakes Trail, Melissa K. Scanlan
Blueprint For The Great Lakes Trail, Melissa K. Scanlan
Michigan Journal of Environmental & Administrative Law
The Great Lakes are vast yet vulnerable. There is a need to focus the public’s attention on the significance of the lakes for the region as a cohesive, binational whole. To address this need, build on existing water law, and engage the public, this Article provides a blueprint to establish a Great Lakes Trail on the shores of the Great Lakes. The Trail will link together 10,000 miles of coastline and provide the longest marked walking trail in the world. It will demarcate an already existing, yet largely unrecognized, public trust easement and engage the public with their common heritage …
Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon
Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon
Michigan Journal of Environmental & Administrative Law
This Note concerns the legal protection of groundwater-dependent ecosystems in the United States and abroad. By first describing the science and ecology of ecosystems that are dependent on groundwater and then surveying the current American legal system that fails to adequately protect groundwater-dependent ecosystems (GDEs), this Note proposes legal reforms that could vastly improve groundwater management systems. State protection of GDEs is sparse and often only operates indirectly as a result of states’ water policies focused on water quantity upkeep for consumptive purposes. Part I provides an overview of GDEs. Part II discusses state legal protection, including indirect state protection …
Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni
Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni
University of Miami International and Comparative Law Review
No abstract provided.
Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act, United States 113th Congress
Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act, United States 113th Congress
Native American Water Rights Settlement Project
The overall purpose of this Act is to ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.
The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene
The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene
Georgia Journal of International & Comparative Law
No abstract provided.
Three's A Crowd: Examining Georgia's Options In The Tri-State Water Wars Under Principles Of International Law, Eva M. Lamanna
Three's A Crowd: Examining Georgia's Options In The Tri-State Water Wars Under Principles Of International Law, Eva M. Lamanna
Georgia Journal of International & Comparative Law
No abstract provided.
Domestic Solutions To The International Problem Of Water Scarcity: Singapore, A Case Study, Suzanne T. Lewis
Domestic Solutions To The International Problem Of Water Scarcity: Singapore, A Case Study, Suzanne T. Lewis
Georgia Journal of International & Comparative Law
No abstract provided.
River Of Contention: Scarcity Discourse And Water Competition In Highland Peru, Barbara Lynch
River Of Contention: Scarcity Discourse And Water Competition In Highland Peru, Barbara Lynch
Georgia Journal of International & Comparative Law
No abstract provided.
International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen
International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen
Georgia Journal of International & Comparative Law
No abstract provided.
Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society
Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society
Celebrating the Great Law: The Wilderness Act at 50 (September 4-5)
"A conference sponsored by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Wilderness Society."
On September 3, 2014, the National Wilderness Preservation System—established and protected by the Wilderness Act of 1964—celebrates its 50th anniversary. We are gathering on September 4th and 5th to celebrate Wilderness—“ornery old wilderness, scratchy, sweaty, and distant, but sacred every step of the way”—and to commemorate the great law so central to its protection.
This is not an ordinary conference, full of dry presentations or heated policy debates. Instead, this will be a full-throated love song to wild country. We have brought …