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- Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14) (2)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (2)
- Best Practices for Community and Environmental Protection (October 14) (2)
- Books, Reports, and Studies (2)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (2)
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- Michigan Journal of Environmental & Administrative Law (2)
- Michigan Law Review (2)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (2)
- Urban Harbors Institute Publications (2)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (2)
- American Indian Law Review (1)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (1)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (1)
- Indiana Journal of Global Legal Studies (1)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (1)
- Kentucky Law Journal (1)
- Law Faculty Scholarly Articles (1)
- Mary Jane Angelo (1)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (1)
- Pepperdine Law Review (1)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (1)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (1)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (1)
- UF Law Faculty Publications (1)
- University of Michigan Journal of Law Reform (1)
- Water and Growth in the West (Summer Conference, June 7-9) (1)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (1)
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Articles 1 - 30 of 42
Full-Text Articles in Law
The Wild And Scenic Rivers Act At 50: Overlooked Watershed Protection, Michael C. Blumm, Max M. Yoklic
The Wild And Scenic Rivers Act At 50: Overlooked Watershed Protection, Michael C. Blumm, Max M. Yoklic
Michigan Journal of Environmental & Administrative Law
The Wild and Scenic Rivers Act (WSRA) marked its fiftieth anniversary in 2018 without much fanfare. The WSRA has been somewhat overshadowed by the Wilderness Act, which preceded it by four years, and by the National Environmental Policy Act and the pollution control statutes which followed in the 1970s. But the WSRA was a significant conservation achievement, has now extended its protections to over 200 rivers, and has the potential to provide watershed protection to many more in the future. This article explains the statute and its implementation over the last half-century as well as a number of challenges to …
Exalting The Corporate Form Over Environmental Protection The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra
Exalting The Corporate Form Over Environmental Protection The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra
Mary Jane Angelo
Current laws in Florida afford substantial protection to the “people behind the corporations” (corporate principals) and generally do not allow environmental permitting agencies such as the water management districts to consider such people in their permitting or enforcement efforts. This article poses the question “Do existing corporate law principles of limited liability defeat the important public policy of water resource protection in Florida?” First, in Parts II and III, this article introduces the problem and provides an overview of Florida water management district permitting and enforcement authorities and processes. Next, in Part IV, this article explores the existing legal authorities …
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 …
Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky
Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky
West Virginia Law Review
No abstract provided.
The Human Right To Water: Will Its Fulfillment Contribute To Environmental Degradation?, Alezah Trigueros
The Human Right To Water: Will Its Fulfillment Contribute To Environmental Degradation?, Alezah Trigueros
Indiana Journal of Global Legal Studies
Human rights and environmental protection are two often overlapping bodies of law, each of which by their nature seeks to take priority over other applicable law. For this reason, these two bodies of law often find themselves in tension with one another. This Note aims to illustrate the tension between human rights and environmental protection in the context of the recent push for a codified human right to water. My thesis is that ideally these two bodies of law should balance each other out-a human right to water would be subject to environmental safeguards, and, likewise, conservation efforts would be …
Privatization Of Public Water Services: The States' Role In Ensuring Public Accountability, Craig Anthony Arnold
Privatization Of Public Water Services: The States' Role In Ensuring Public Accountability, Craig Anthony Arnold
Pepperdine Law Review
The privatization of public water services in the United States has grown dramatically in recent years in response to political and ideological interest in privatizing public services, arguments about economic efficiencies, and the realities of overwhelming public costs related to water quality standards, infrastructure upgrade needs, and operational complexities. Many states have expressly enacted statutes authorizing municipalities to transfer services, operation and management, and even ownership of public water systems to private firms. This article systematically evaluates the status of water privatization in the U.S., the legal authority for privatization and its limits, and the most common and significant issues …
Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy
Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
4 pages.
Press release "April 14, 2011"
"Executive Summary April 2011" of report, Thinking Like a River Basin: Leaders' Perspectives on Options and Opportunities in Colorado River Management
Full report available at:
http://www.carpediemwest.org/wp-content/uploads/Thinking_Like_A_River_Basin_8-20-13.pdf
Agenda: Best Management Practices (Bmps): What? How? And Why?, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program, Research Partnership To Secure Energy For America, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project
Agenda: Best Management Practices (Bmps): What? How? And Why?, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program, Research Partnership To Secure Energy For America, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project
Best Management Practices (BMPs): What? How? And Why? (May 26)
The Environmentally Friendly Drilling Systems (EFD) Program, managed by the Houston Advanced Research Center, works to identify, develop and transfer critical, cost effective, new technologies that can provide policy makers and industry with the ability to develop natural gas reserves in a safe and environmentally friendly manner. Funding for the EFD Program is through a grant from the Research Partnership to Secure Energy for America, established under the 2005 Energy Act. Within the EFD Program, some projects focus on technologies for developing energy sources in environmentally sensitive areas; others (like the NRLC’s BMP Project) seek ways to reduce the environmental …
Slides: Planning Tools: Wildlife Mitigation Plan (Wmp), Comprehensive Drilling Plan (Cdp), Geographic Area Plan (Gap), Ginny Brannon
Slides: Planning Tools: Wildlife Mitigation Plan (Wmp), Comprehensive Drilling Plan (Cdp), Geographic Area Plan (Gap), Ginny Brannon
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Ginny Brannon, Colorado Department of Natural Resources
7 slides
Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission
Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission
Best Practices for Community and Environmental Protection (October 14)
The first Intermountain BMP Project workshop, sponsored by the Natural Resources Law Center and the Colorado Oil and Gas Conservation Commission, was held in Rifle, Colorado on October 14, 2009 at the Garfield County Fairground for over 170 participants.
Speakers from Federal, state and local governments, the community, industry and environmental consultants, and conservation groups focused presentations and discussion on a greater understanding of what Best Management Practices (BMPs) are appropriate to the western slope of Colorado and how they are integrated into developments.
Slides: Comprehensive Drilling Plans, Dave Neslin
Slides: Comprehensive Drilling Plans, Dave Neslin
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dave Neslin, Director, Colorado OIl and Gas Conservation Commission (COGCC)
8 slides
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
20 slides
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Shaun McGrath, Program Director, Western Governors’ Association
25 slides
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law
77 slides
Transboundary Water Conflicts And Cooperation, Aaron T. Wolf
Transboundary Water Conflicts And Cooperation, Aaron T. Wolf
Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)
14 pages.
Contains references (page 13) and endnotes (page 14).
Managing Water Resources For A Sustainable Future: Law, Policy And Methodology Of China, Xi Wang, Xiaobo Zhang, Wenkai Li, Dejin Gu, Yanfang Zhou
Managing Water Resources For A Sustainable Future: Law, Policy And Methodology Of China, Xi Wang, Xiaobo Zhang, Wenkai Li, Dejin Gu, Yanfang Zhou
Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)
37 pages (includes color illustrations).
Contains references (pages 36-37).
Water Allocation Compacts In The West: An Overview, Douglas S. Kenney
Water Allocation Compacts In The West: An Overview, Douglas S. Kenney
Books, Reports, and Studies
14 p. : charts ; 28 cm
Exalting The Corporate Form Over Environmental Protection The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra
Exalting The Corporate Form Over Environmental Protection The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra
UF Law Faculty Publications
Current laws in Florida afford substantial protection to the “people behind the corporations” (corporate principals) and generally do not allow environmental permitting agencies such as the water management districts to consider such people in their permitting or enforcement efforts. This article poses the question “Do existing corporate law principles of limited liability defeat the important public policy of water resource protection in Florida?” First, in Parts II and III, this article introduces the problem and provides an overview of Florida water management district permitting and enforcement authorities and processes. Next, in Part IV, this article explores the existing legal authorities …
Creating Better Governance, Denise D. Fort
Creating Better Governance, Denise D. Fort
Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)
17 pages (includes illustration).
Contains 2 pages of references.
Marine Industries Association Of South Florida Master Plan, Urban Harbors Institute, University Of Massachusetts Boston, Fau Joint Center For Environmental And Urban Problems
Marine Industries Association Of South Florida Master Plan, Urban Harbors Institute, University Of Massachusetts Boston, Fau Joint Center For Environmental And Urban Problems
Urban Harbors Institute Publications
The Marine Industry Master Plan was prepared by the Marine Industries Association of South Florida (MIASF) to present a comprehensive and coordinated action agenda for retaining and expanding the marine industry in Broward County. This Master Plan is an extension of a strategic planning process conducted by the MIASF in which the major issues confronting the industry were identified along with an initial strategy to address those issues. This Marine Master Plan is part of that strategy. The plan contains goals, objectives, and actions that respond to several key issues: scarcity of waterfront sites for marine facility expansion, displacement of …
Environmental Impacts Of New Solutions: Two Case Studies, Lori Potter, Michael Freeman
Environmental Impacts Of New Solutions: Two Case Studies, Lori Potter, Michael Freeman
Water and Growth in the West (Summer Conference, June 7-9)
32 pages.
Contains footnotes and references.
America's Green Ports: Environmental Management And Technology At Us Ports, Urban Harbors Institute, University Of Massachusetts Boston
America's Green Ports: Environmental Management And Technology At Us Ports, Urban Harbors Institute, University Of Massachusetts Boston
Urban Harbors Institute Publications
America's Green Ports: Environmental Management and Technology at US Ports is a compendium of case studies presenting a selection of innovative and cost-effective management practices and technologies employed by US ports to avoid, prevent, minimize, mitigate or remediate environmental impacts associated with port development and operations. This compendium of projects is one product of the US EPA, Office of Water’s Green Ports Program. It follows the 1998 publication of the Environmental Management Handbook prepared by the American Association of Port Authorities, also funded by the US EPA's Office of Water. That report provides practical information on incorporating environmental stewardship into …
Keeping Clean Waters Clean: Making The Clean Water Act's Antidegradation Policy Work, John A. Chilson
Keeping Clean Waters Clean: Making The Clean Water Act's Antidegradation Policy Work, John A. Chilson
University of Michigan Journal of Law Reform
This Note stresses the importance of making the Clean Water Act's antidegradation policy work in order to avoid a system of national waters of equally mediocre quality. The Nation's highest quality and most important waters are not receiving appropriate protection under the Act because the antidegradation policy contains vague definitions, the states fail to review water quality standards every three years and to entertain citizens' petitions, and the Environmental Protection Agency has not taken an active role in ensuring compliance with federal standards. This Note examines the schemes of the Great Lakes States and Florida and hypothesizes that similar provisions …
Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center
Dams: Water and Power in the New West (Summer Conference, June 2-4)
Conference organizers and/or speakers included University of Colorado School of Law professors David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Elizabeth Ann (Betsy) Rieke, Charles F. Wilkinson and Lawrence J. MacDonnell.
The keynote address by Charles F. Wilkinson is titled Coming to Grips with Growth in the West: Traditional Communities, Free Rivers and the New Megalopoli, and it will be held on Monday, June 2, at 12:30 p.m. in the Lindsley Memorial Courtroom of the law school. Wilkinson is a noted law professor, writer and authority on Western issues.
The conference will begin by providing historical context for the …
The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear
The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear
American Indian Law Review
No abstract provided.
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.
Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.
Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …
Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness
Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness
Law Faculty Scholarly Articles
In Lucas v. South Carolina Coastal Council, the United Supreme Court was forced once again to delve into the law of regulatory takings. This experience is seldom a pleasant one. Echoing the poet John Milton, an exasperated state court judge once described takings law as a “Serbonian Bog.” Unfortunately, the takings doctrine is only slightly more comprehensible after the Lucas decision than it was before. Nevertheless, progress in this area, however modest, deserves praise, and the Court is to be commended for clarifying one aspect of takings jurisprudence. As a result of Lucas a “categorical rule” has been announced …
Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates
Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates
Books, Reports, and Studies
This digital resource contains only an abstract, cover image and table of contents information from the published book.
Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b143382~S0
Contents: Rethinking resources : reflections on a new generation of natural resources law and policy / Lawrence J. MacDonnell, Sarah F. Bates -- Natural resources law : an historical perspective / Clyde O. Martz -- Trends in public land law : (a title the inaccuracy of which should become manifest) / George Cameron Coggins -- Mineral law in the United States : a study in legal change …
Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.
Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …
Legislative Control Of Air Pollution & Water Pollution Of The P.R. China, Longan Xiao
Legislative Control Of Air Pollution & Water Pollution Of The P.R. China, Longan Xiao
New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)
10 pages.