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Articles 151 - 175 of 175
Full-Text Articles in Law
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Faculty Scholarship
The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate.
Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to …
House Passess Unbalanced Clean Water Act, Denise D. Fort
House Passess Unbalanced Clean Water Act, Denise D. Fort
Faculty Scholarship
The Clean Water Act and the associated state statutes and regulations provide the framework for New Mexico's regulation (and nonregulation) of our rivers and streams. Both the federal and state laws need improvement if they are to work in New Mexico. As readers of The Green Fire Report well know, the "improvements" contemplated by the new Congress are unlikely to improve our water. H.R. 961, the House bill recently passed by the House, is simply unacceptable. President Clinton has indicated that he will veto the bill as passed by the House. Your efforts are needed to contact your federal legislators …
Its Time For A State Environmental Policy Act, Denise D. Fort
Its Time For A State Environmental Policy Act, Denise D. Fort
Faculty Scholarship
What single law should be the first step in protecting New Mexico's environment from the consequences of our cascading population? My nomination would go to a State Environmental Policy Act, commonly called a "state NEPA." These laws are on one level very simple, requiring only that state governments "stop and think" before taking actions with significant environmental costs. After twenty-five years of experience with the federal National Environmental Policy Act (NEPA), however, we know that a law that allows citizens input into governmental action has a profound effect on governmental action.
Making A Wrong Thing Right: Ending The "Spread" Of Reclamation Project Water, Reed D. Benson, Kimberley J. Priestley
Making A Wrong Thing Right: Ending The "Spread" Of Reclamation Project Water, Reed D. Benson, Kimberley J. Priestley
Faculty Scholarship
In the Pacific Northwest, especially east of the Cascade Range, water is a limited and precious resource. Diversions of water for out-of-stream uses regularly dry up certain reaches of many rivers and streams. Such diversions provide water for municipalities, industrial users, and farmers who irrigate millions of acres in Idaho, Oregon, and Washington. Diversions also harm fish and wildlife (including threatened and endangered salmon stocks), impair recreational uses of affected waterways, and degrade water quality.
The Market And The Community: Lessons From California's Drought Water Bank, Brian E. Gray
The Market And The Community: Lessons From California's Drought Water Bank, Brian E. Gray
Faculty Scholarship
No abstract provided.
The Modern Era In California Water Law, Brian E. Gray
The Modern Era In California Water Law, Brian E. Gray
Faculty Scholarship
No abstract provided.
California Dreaming: Water Transfers From The Pacific Northwest, Clifford J. Villa
California Dreaming: Water Transfers From The Pacific Northwest, Clifford J. Villa
Faculty Scholarship
A prolonged drought in California has prompted renewed interest in proposals to transfer water from the Pacific Northwest, where rainfall is more plentiful, to the arid Southwest. While recent storms have obviated the need for water transfers at the present time, it is likely these proposals will resurface with the next drought. This Comment will examine past proposals, and discuss less expensive and less drastic means for satisfying the need for water in the Southwest.
Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort
Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort
Faculty Scholarship
Pending
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Faculty Scholarship
This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.
Transfers Of Federal Reclamation Water: A Case Study Of California's San Joaquin Valley, Brian E. Gray, Bruce C. Driver, Richard W. Wahl
Transfers Of Federal Reclamation Water: A Case Study Of California's San Joaquin Valley, Brian E. Gray, Bruce C. Driver, Richard W. Wahl
Faculty Scholarship
No abstract provided.
State Control Of Great Lakes Water Diversion, J. David Prince
State Control Of Great Lakes Water Diversion, J. David Prince
Faculty Scholarship
This article focuses on the law relevant to the issue of interbasin diversion of Great Lakes water, the policies reflected in that law, and the limitations of the law on such diversions and on the ability of the Great Lakes states to control proposed diversions. It concludes with an argument for regional as opposed to national or state-by-state decision making on the issue of diversions and a suggested mechanism for facilitating such regional decision making.
A Primer On California Water Transfer Law, Brian E. Gray
A Primer On California Water Transfer Law, Brian E. Gray
Faculty Scholarship
No abstract provided.
A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray
A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray
Faculty Scholarship
No abstract provided.
"In Search Of Bigfoot": The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray
"In Search Of Bigfoot": The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray
Faculty Scholarship
No abstract provided.
Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson
Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson
Faculty Scholarship
The Supreme Court recently held that a citizen plaintiff must make a good-faith allegation of an ongoing violation in order to bring an enforcement action under the Clean Water Act. The decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., will prevent citizens from bringing suit for the assessment of civil penalties solely for past violations of the Clean Water Act.
No Holier Temples: Protecting The National Parks Through Wild And Scenic River Designation, Brian E. Gray
No Holier Temples: Protecting The National Parks Through Wild And Scenic River Designation, Brian E. Gray
Faculty Scholarship
No abstract provided.
Reforming The Mining Law: Problems And Prospects, John D. Leshy
Reforming The Mining Law: Problems And Prospects, John D. Leshy
Faculty Scholarship
No abstract provided.
The Making Of The Arizona Constitution, John D. Leshy
The Making Of The Arizona Constitution, John D. Leshy
Faculty Scholarship
No abstract provided.
Arizona Law Where Ground And Surface Water Meet, John D. Leshy, James Belanger
Arizona Law Where Ground And Surface Water Meet, John D. Leshy, James Belanger
Faculty Scholarship
No abstract provided.
Water And Wilderness/Law And Politics, John D. Leshy
Water And Wilderness/Law And Politics, John D. Leshy
Faculty Scholarship
No abstract provided.
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
Faculty Scholarship
In courtroom drama, the spotlight rarely falls on an empty chair. That may change, due to a new Colorado statute allowing factfinders to consider the negligence or fault of nonparties in tort actions. The new statute may not give nonparties starring roles in every trial, but it will certainly thicken the plot.
Irrigation Districts In A Changing West–An Overview, John D. Leshy
Irrigation Districts In A Changing West–An Overview, John D. Leshy
Faculty Scholarship
No abstract provided.
In Order To Have Water: Legal, Economic And Institutional Barriers To Water Reuse In Northern New England, Michael S. Baram, J. Raymond Miyares
In Order To Have Water: Legal, Economic And Institutional Barriers To Water Reuse In Northern New England, Michael S. Baram, J. Raymond Miyares
Faculty Scholarship
The maintenance of adequate water supplies to meet increasing demand upon residential and industrial users in New England is now an urgent concern. Encouragement of water reuse is one of the ways in which water conservation can be implemented. This Article, synthesized by the authors from their technical report, examines current legal and institutional methods of promoting water reuse and conservation. They analyze their effectiveness and argue that legal and political reform is needed to achieve the ends of water conservation. I
Fiscal Jurisdiction And Accrual Basis Taxation: Lifting The Corporate Veil To Tax Foreign Company Profits, William W. Park
Fiscal Jurisdiction And Accrual Basis Taxation: Lifting The Corporate Veil To Tax Foreign Company Profits, William W. Park
Faculty Scholarship
"No rules of international law exist to limit the extent of any country's tax jurisdiction." Although not yet locus classicus, this assertion summarizes a view that finds favor among academic and practicing lawyers. Even if it is admitted that a relevant nexus must exist between the taxing sovereign and the person, property, or income to be taxed, the competing jurisdictional claims of other states are seldom viewed as imposing limits on national competence. This Article will examine the conflicts among rival assertions of fiscal jurisdiction that result from attempts of capital-exporting states to tax the undistributed income of foreign companies.
The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram
The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram
Faculty Scholarship
As the rate of electricity generation increases, and as more nuclear power plants-in contrast to fossil fuel and hydro-electric facilities-are built to meet power needs, the use of cooling water and its subsequent discharge in heated states into the environment is expected to rise to massive levels. Estimates of future cooling water use vary and are subject to technical and economic developments, but by 1990, between 640 and 850 billion gallons per day are expected to be required. This range of water use can be roughly equated to one-half to three fourths of the average daily run-off of fresh water …