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- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (4)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (4)
- Faculty Scholarship (3)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (3)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (2)
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- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- The Future of Federal Wetlands Regulation After Rapanos (May 10) (2)
- Best Practices for Community and Environmental Protection (October 14) (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (1)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (1)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
- Law Faculty Scholarly Articles (1)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (1)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- The Promise and Peril of Oil Shale Development (February 5) (1)
- Western Water Law in Transition (Summer Conference, June 3-5) (1)
Articles 1 - 30 of 33
Full-Text Articles in Law
Environmental Enforceability, Seema Kakade
Environmental Enforceability, Seema Kakade
Faculty Scholarship
There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key enforcement policies. Yet, while important to repair the damage, truly strengthening federal environmental enforcement will require more. This Article highlights the need for greater attention to the multiple hurdles that plague environmental enforcement. In doing so, it makes three contributions to the literature. First, it asserts that even though environmental statutes, regulations, and guidance …
Environmental Enforceability, Seema Kakade
Environmental Enforceability, Seema Kakade
Faculty Scholarship
There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump Administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key enforcement policies. Yet, while important to repair the damage, truly strengthening federal environmental enforcement will require more. This Article highlights the need for greater attention to the multiple hurdles that plague environmental enforcement. In doing so it makes three contributions to the literature. First, it asserts that even though environmental statutes, regulations, and guidance …
Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick
Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Patty Limerick, Center of the American West, University of Colorado at Boulder
35 slides
Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt
Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kyle N. Schildt, P.E., LT Environmental, Inc.
12 slides
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.
This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited
12 slides
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT
25 slides
Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson
Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Barton “Buzz” Thompson, Perry L. McCarty Director, Woods Institute for the Environment, Stanford University Law School
14 slides
Slides: Energy Production And The West's Wild Places, Amy Mall
Slides: Energy Production And The West's Wild Places, Amy Mall
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council
28 slides
In Re Annandale And The Disconnections Between Minnesota And Federal Agency Deference Doctrine, Mehmet K. Konar-Steenberg
In Re Annandale And The Disconnections Between Minnesota And Federal Agency Deference Doctrine, Mehmet K. Konar-Steenberg
Faculty Scholarship
This article explores each of these differences between Annandale’s view of deference and comparable federal authority. Part II begins the discussion with an explanation of the somewhat complicated legal and factual background that gave rise to Annandale’s unusually thorny agency deference issues. This section includes an extended discussion of the Annandale administrative record and the reasoning of the Minnesota Court of Appeals and Minnesota Supreme Court. Part III then critically analyzes the Annandale court’s claims to have acted consistently with federal agency deference case law in each of the three areas discussed above. Part IV concludes with some post-Annandale developments …
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
16 pages.
Includes bibliographical references
Agenda: The Future Of Federal Wetlands Regulation After Rapanos, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Future Of Federal Wetlands Regulation After Rapanos, University Of Colorado Boulder. Natural Resources Law Center
The Future of Federal Wetlands Regulation After Rapanos (May 10)
Hot-Topic Discussion held at Brownstein Hyatt Farber Schreck in Denver, Colorado on May 10, 2007 from 12:00 p.m. to 1:15 p.m.
Speaker: Mark Squillace, Director of the Natural Resources Law Center, University of Colorado School of Law.
Commentators: Wayne Forman and Michelle Kales, attorneys, Brownstein Hyatt Farber Schreck
"Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts and Associate Justice, Samuel Alito. The Supreme Court …
Slides: The Future Of Federal Wetlands Regulation, Mark Squillace
Slides: The Future Of Federal Wetlands Regulation, Mark Squillace
The Future of Federal Wetlands Regulation After Rapanos (May 10)
Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law
35 slides
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
Textualism’S Limits On The Administrative State: Of Isolated Waters, Barking Dogs, And Chevron, Michael P. Healy
Textualism’S Limits On The Administrative State: Of Isolated Waters, Barking Dogs, And Chevron, Michael P. Healy
Law Faculty Scholarly Articles
In Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, the U.S. Supreme Court recently held that the U.S. Army Corps of Engineers (the Corps) does not have authority under the Clean Water Act (the Act or the CWA) to regulate the filling of “other waters.” This decision demonstrates a major shift in the Court's approach to statutory interpretation, particularly in the context of reviewing an agency’s understanding of a statute. The significance of the case is best gauged by contrasting it with United States v. Riverside Bayview Homes, Inc. There, the Court, acting …
Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
1 v. (various pagings) : ill., maps, charts ; 29 cm
Conference organizers, session moderators and/or speakers included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Lawrence J. MacDonnell, Kathryn M. Mutz and Charles F. Wilkinson
Includes bibliographical references
The event will examine the principal problem-solving strategies in western water law and policy: courts, coercion and collaboration. In addressing this broad range of strategies, the program will focus on national, west-wide and Colorado-specific issues.
Conference activities will commence with a free public program cosponsored by the Center of …
Environmental Benefits Of Reoperation, Relicensing, Decommissioning And Recapture, Richard Roos-Collins
Environmental Benefits Of Reoperation, Relicensing, Decommissioning And Recapture, Richard Roos-Collins
Dams: Water and Power in the New West (Summer Conference, June 2-4)
35 pages.
Contains footnotes.
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.
In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.
A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.
Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.
This conference will provide the …
The 1987 Nonpoint Source Pollution Amendments And State Progress Under The New Program, John H. Davidson
The 1987 Nonpoint Source Pollution Amendments And State Progress Under The New Program, John H. Davidson
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
143 pages.
Contains 4 pages of references.
Federal Groundwater Quality Control: Law And Policy, Robert L. Glicksman
Federal Groundwater Quality Control: Law And Policy, Robert L. Glicksman
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
56 pages.
Contains references.
Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.
Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.
Enforcement Issues In Water Pollution Control, Henry W. Ipsen
Enforcement Issues In Water Pollution Control, Henry W. Ipsen
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
29 pages.
Wetlands Protection: The 404 Program, Patrick A. Parenteau
Wetlands Protection: The 404 Program, Patrick A. Parenteau
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
13 pages.
Includes unsigned annotations by David Getches.
The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray
The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
56 pages.
Includes unsigned annotations by David Getches.
Conflicts Between Water Rights Administration And Water Quality Protection, Jan D. Laitos
Conflicts Between Water Rights Administration And Water Quality Protection, Jan D. Laitos
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
43 pages.
Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, and Charles F. Wilkinson.
This conference focused on the legal rights associated with a broad range of public uses and interests in water including recreation, fish and wildlife protection, and water quality. Evolving legal areas such as the public trust doctrine, instream flow laws, federal reserved rights, and wetlands protection were discussed.
Water as a Public Resource: Emerging Rights and Obligations considered the extension of the public trust doctrine to areas previously not covered by this concept, as well as developments in …
Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley
Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley
Western Water Law in Transition (Summer Conference, June 3-5)
54 pages.
Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
Conference organizers and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., David H. Getches, Lawrence J. MacDonnell and Richard B. Collins.
In general, water rights are a matter of state law. However, the availability and development of water are affected by important federal rights, policies and programs. In this conference, an outstanding group of private practitioners, government representatives and academics consider this important topic.