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- Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8) (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (2)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (2)
- Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14) (1)
- American Indian Law Review (1)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Coalbed Methane Development in the Intermountain West (April 4-5) (1)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (1)
- Donald J. Kochan (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
- Fisheries management papers (1)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (1)
- LLM Theses and Essays (1)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (1)
- Nehal A. Patel (1)
- Sustainable Development Law & Policy (1)
- Texas A&M Law Review (1)
- The Aftermath of Kansas v. Colorado: Regulation of Well Pumping in the Arkansas Valley (September 18) (1)
- Victor B Flatt (1)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (1)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (1)
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Articles 1 - 30 of 86
Full-Text Articles in Law
The Lawlessness Of Sackett V. Epa, William W. Buzbee
The Lawlessness Of Sackett V. Epa, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
When the Supreme Court speaks on a disputed statutory interpretation question, its words and edicts undoubtedly are the final judicial word, binding lower courts and the executive branch. Its majority opinions are the law. But the Court’s opinions can nonetheless be assessed for how well they hew to fundamental elements of respect for the rule of law. In particular, law-respecting versus law-neglecting or lawless judicial work by the Court can be assessed in the statutory interpretation, regulatory, and separation of power realms against the following key criteria, which in turn are based on some basic rule of law tenets: analysis …
Fears, Faith, And Facts In Environmental Law, William W. Buzbee
Fears, Faith, And Facts In Environmental Law, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
Environmental law has long been shaped by both the particular nature of environmental harms and by the actors and institutions that cause such harms or can address them. This nation’s environmental statutes remain far from perfect, and a comprehensive law tailored to the challenges of climate change is still elusive. Nonetheless, America’s environmental laws provide lofty, express protective purposes and findings about reasons for their enactment. They also clearly state health and environmental goals, provide tailored criteria for action, and utilize procedures and diverse regulatory tools that reflect nuanced choices.
But the news is far from good. Despite the ambitious …
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Sustainable Development Law & Policy
This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Texas A&M Law Review
The administrative state has emerged as a pervasive machine that has become the dominate generator of legal rules—despite the fact that the U.S. Constitution commits the legislative power to Congress alone. When examining legislation authorizing administrative agencies to promulgate rules, we are often left asking whether Congress “dele- gates” away its lawmaking authority by giving agencies too much power and discretion to decide what rules should be promulgated and to determine how rich to make their content. If the agencies get broad authority, it is not too hard to understand why they would fulsomely embrace the grant to its fullest. …
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. …
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Donald J. Kochan
Slides: The Colorado River Basin, Larry Macdonnell
Slides: The Colorado River Basin, Larry Macdonnell
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Larry MacDonnell, Senior Fellow, Getches-Wilkinson Center, University of Colorado
17 slides
A Look At Laws Authorizing Uses Of Conserved And Saved Water In California, Montana, Oregon, And Washington, Cassidy Woodard
A Look At Laws Authorizing Uses Of Conserved And Saved Water In California, Montana, Oregon, And Washington, Cassidy Woodard
Books, Reports, and Studies
28 pages : color illustrations.
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
Victor B Flatt
After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide …
Law Of The River Apportionment Scheme: Short Summary Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Law Of The River Apportionment Scheme: Short Summary Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Books, Reports, and Studies
8 p. ; 29 cm
Law Of The River Apportionment Scheme: Categorization Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Law Of The River Apportionment Scheme: Categorization Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Books, Reports, and Studies
29 p. ; 29 cm
Law Of The River Apportionment Scheme: Compilation Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Law Of The River Apportionment Scheme: Compilation Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Books, Reports, and Studies
52 p. ; 29 cm
Colorado River: Frequently Asked Law & Policy Questions, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Colorado River: Frequently Asked Law & Policy Questions, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Books, Reports, and Studies
iii, 35 p. ; 29 cm
The Organization And Status Of The Department Of Interior's Programs And Studies On Climate Change In The Colorado River Basin, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
The Organization And Status Of The Department Of Interior's Programs And Studies On Climate Change In The Colorado River Basin, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Books, Reports, and Studies
21 p. : ill., maps ; 29 cm
Rethinking The Future Of The Colorado River: Draft Interim Report Of The Colorado River Governance Initiative, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Rethinking The Future Of The Colorado River: Draft Interim Report Of The Colorado River Governance Initiative, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Books, Reports, and Studies
117 p. : ill. (some color), color maps ; 29 cm
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO
14 slides
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA
23 slides
The Land Use Planning, Water Resources And Climate Change Adaptation Connection: Challenges And Opportunities, Bobbie Klein, Douglas S. Kenney
The Land Use Planning, Water Resources And Climate Change Adaptation Connection: Challenges And Opportunities, Bobbie Klein, Douglas S. Kenney
Books, Reports, and Studies
[15] p. ; 28 cm
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp
Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp
ExpressO
Recently the Supreme Court has made it clearer that minimum scrutiny is a factual analysis. Whether in any government action there is a rational relation to a legitimate interest is a matter of determining whether there is a policy maintaining important facts. This has come about in the Court’s emerging emphasis on developing fact-based criteria for determining government purpose. Thus, those who want to affect zoning and eminent domain outcomes should look to what the Court sees as important facts, and whether government action is maintaining those facts with its proposed land use or eminent domain action.
Water Rights In Wilderness: The Influence Of Reserved Rights Language On Protection Of Wilderness Water In Arizona And Colorado, Kathryn M. Mutz, David Bower, Katie Stone, Melissa Boness, Alexis Kazan Nelson, Kathryn Bostwick, Katie Umekubo, Eric Potyondy, Rebecca Mehring, Carol Hoskins, Meredith Roberts, University Of Colorado Boulder. Natural Resources Law Center
Water Rights In Wilderness: The Influence Of Reserved Rights Language On Protection Of Wilderness Water In Arizona And Colorado, Kathryn M. Mutz, David Bower, Katie Stone, Melissa Boness, Alexis Kazan Nelson, Kathryn Bostwick, Katie Umekubo, Eric Potyondy, Rebecca Mehring, Carol Hoskins, Meredith Roberts, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
1 v. (various pagings) : ill. (some color), color maps ; 29 cm
Executive summary -- Introduction -- Background and scope -- Compilation and analysis of water rights data -- Protection of wilderness water : federal agency response to statutory language -- Final observations -- Appendix A. Legislative history of Arizona and Colorado wilderness legislation -- Appendix B. State water law : Arizona and Colorado -- Appendix C. Study methods -- Appendix D. Agency policies.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
1 v. (various pagings) : ill., maps ; 28 cm
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Tribal Sovereignty Over Water Quality, Jessica Owley
Slides: A Water Manager's Perspective: A View From The Field, Jeffrey Kightlinger
Slides: A Water Manager's Perspective: A View From The Field, Jeffrey Kightlinger
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Jeffrey Kightlinger, General Counsel, Metropolitan Water District of Southern California (MWD)
21 slides
Groundwater Law Sourcebook Of The Western United States, Gary C. Bryner, Elizabeth Purcell, University Of Colorado Boulder. Natural Resources Law Center
Groundwater Law Sourcebook Of The Western United States, Gary C. Bryner, Elizabeth Purcell, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
91, 153 p.
Water Law In New South Wales, Australia: An Analysis Of The Water Management Act, 2000 [Abstract], Carla Mooney
Water Law In New South Wales, Australia: An Analysis Of The Water Management Act, 2000 [Abstract], Carla Mooney
Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)
2 pages.