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Law Library Blog (December 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

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Stretching Out: Species Extinction And Planetary Aesthetics In Contemporary Art, Su Ballard

Faculty of Law, Humanities and the Arts - Papers (Archive)

There is madness in species extinction. The horn has been removed from the last male northern white rhino on earth and he has two armed guards 24 hours a day. The huia in New Zealand were killed off by the desire for white-tipped tail feathers in Victorian hats. We fear the extinction of rhinos, we mourn the extinction of the huia, yet we might need reminding to also show concern for the extinction of the dung beetle. This paper looks at the ways that artists are engaging with these difficult events. By placing Gayatri Spivak's call for a planetarity of …

Dolphin-Friendly Tuna: We're Worrying About The Wrong Species, Quentin Hanich

Faculty of Law, Humanities and the Arts - Papers (Archive)

Seafood is increasingly marketed as the clean, healthy choice for consumers – full of good oils and proteins and low in fat – with canned tuna a favourite cheap source of healthy protein. But science provides ever-worsening reports on the state of many fisheries, and their effect on marine ecosystems.

As international conservation negotiations flounder, consumers and industry are increasingly relying on eco-labelling to tell which seafood products come from sustainably managed fisheries. But there’s more to tuna than “dolphin-friendly”: what do these labels really tell us?

Taos Pueblo Indian Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Claims Resolution Act of 2010, Title V: Taos Pueblo Indian Water Rights Settlement of 2010 (Sec. 501) Parties: Pueblo of Taos, NM, US, Town of Taos, El Prado Water & Sanitation District, Acequia Madre del Rio Lucero y del Arroyo Seco, Acequia Madre del Prado, Acequia del Monte, Acequia Madre del Rio Chiquito, Upper Ranchitos Mutual Domestic Water Consumers Assn, Upper Arroyo Hondo Mutual Domestic Water Consumers Assn, Llano Quemado Mutual Domestic Water Consumers Assn. Federal Legislation to approve, ratify, and confirm the Taos Pueblo Indian Water Rights Settlement; to authorize and direct the Secretary to execute the …

Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Dr. Douglas Jackson-Smith, Utah State University--Logan Campus

37 slides

Strength In Numbers: Setting Quantitative Criteria For Listing Species Under The Endangered Species Act, Kalyani Robbins

Akron Law Faculty Publications

My primary thesis is that the Fish & Wildlife Service and the National Marine Fisheries Service need to set quantitative criteria for listing species under the Endangered Species Act in order to promote consistency, transparency, and efficiency. I suggest a model for doing so, the use of which would create an opportunity to move beyond the political quagmire surrounding the selection of vulnerable species for preservation. Like my other environmental scholarship, the article merges scientific research in the field of conservation biology with legal analysis. With the status quo, listing decisions often turn on wildly different factors, including some not …

The Effectiveness Of Biodiversity Law, John C. Nagle

Journal Articles

The Endangered Species Act (ESA) has generated a heated debate between those who believe that the law has succeeded and those who believe that the law has failed. The resolution to that debate depends upon whether the law’s stated purposes or some other criteria provide the basis for judging a law’s effectiveness. Meanwhile, since the enactment of the ESA in 1973, biodiversity protection has received growing attention in the nations of southeastern Asia. So far, the law has been much less effective in protecting Asian biodiversity from habitat loss, commercial exploitation, and other threats, yet southeastern Asia’s biodiversity law has …

Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

The Center’s 29th annual conference will focus on the changes in the West resulting from rapid population growth, development, disrupted historical weather patterns and the effects of those changes on land, water, and energy resources. Speakers and panelists will address the adaptability of the legal and political institutions and how the transformation of the West may foreshadow fundamental changes to these institutions.

The agenda includes panel discussions that will address:

• Water for the 21^st Century —the big questions in Western water and rethinking Western water law.
• The Future of Energy —practical and sophisticated solutions to overcome the energy …

Species Enhancement By International Gene Pool, Craig Judd

Faculty of Law, Humanities and the Arts - Papers (Archive)

The idea for Wild Thang: post pop from the MCA emerged from my experience of viewing permanent collections in regional art galleries. Most of these collections began in the late 1960s and early 1970s with a major cash injection and after the initial flush of funds and public interest many of them languished. Consequently regional galleries in New South Wales (and Victoria and Queensland) have large bodies of work from a time period and aesthetic framework that are often considered difficult at best and unfashionable at worst. Most Directors and Curators I spoke to, looked in despair at the mass …

Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder

43 slides

Missing The Link: The Importance Of Keeping Ecosystems Intact And What The Endangered Species Act Suggests We Do About It, Kalyani Robbins

Faculty Publications

The Endangered Species Act was created in response to a rapid decline in species biodiversity. Although Congress chose direct protection of individual species as its tool, protecting ecosystems (a necessary component of biodiversity) was clearly one of the goals for which that tool was to be used. A species can be abundant in some areas and declining in others, such that protecting the entire species does not make sense. Congress dealt with this issue by amending the Endangered Species Act in 1978 to allow for protection of “distinct population segments,” thereby allowing the population in decline to be protected in …

Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Agenda includes summaries of speakers' presentations

Workshop held May 12-13, 2004 at the University of Colorado School of Law and sponsored by the Natural Resources Law Center with support from the William and Flora Hewlett Foundation, BP America and Calpine Corporation

Government agencies, industry and others are beginning to apply the concepts of best management practices and adaptive management to oil and gas development. This free workshop will examine what is going on in the Rocky Mountain Region with these innovative management approaches. This timely workshop will be kicked off with a presentation on the Western Governors' Association Coalbed Methane …

Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Peter Zimmerman, Canadian Parks and Wilderness Society

19 slides

Zuni Indian Tribe Water Rights Settlement In The Little Co River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin (June 7. 2002) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville.

The Agreement resolves the Zuni Indian Tribe water rights in the Little CO River basin, AZ. The Zuni Tribe intends to reestablish and maintain the wetland environment …

2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Colorado Ute Indian Water Rights Settlement Act Amendments of 2000 in Consolidated Appropriations Act of Dec. 21, 2001 (PL 106-554, Appendix D, Title III, 114 Stat. 2763A-258 ). The timetable set forth in the Settlement Agreement has not been met. The irrigation water provisions cannot be met due to Endangered Species Act, biological opinions and Federal Water Pollution Control Act requirements which reduce the amount that can be drawn from the Animas and La Plata Rivers. The facilities and amount of water must be significantly reduced. To compensate the Tribes, capital costs are waived and funds for natural …

Playing Noah, John C. Nagle

Journal Articles

The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …

Fort Mcdowell Indian Community Water Settlement (Yavapai Nation), Fort Mcdowell Indian Community, United States, State Of Arizona, Salt River Valley Water User's Association, Salt River Project Agricultural Improvement And Power District, Roosevelt Water Conservation District, Central Arizona Water Conservation District, Phoenix, Az, Scottsdale, Az, Glendale, Az, Mesa, Az, Tempe, Az, Chandler, Az, Town Of Gilbert

Native American Water Rights Settlement Project

Settlement: Fort McDowell Indian Community Water Settlement (Jan. 15, 1993) Parties: Fort McDowell Indian Community, Yavapai Nation, Arizona, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, and Central AZ Water Conservation District. Overall plan is to find enough water to irrigate 4,000 acres with a duty of 4.5 a/f/y and support 18,350 acres with a duty of 1 a/f/y. of urban development. With an exception for the Verde River Spill Water, total diversion (all from above Granite Reef Dam) is limited to …

San Carlos Apache Tribe Water Rights Settlement Act Of 1992, San Carlos Apache Tribe Water Rights Settlement Act, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: San Carlos Apache Tribe Water Rights Settlement Act of 1992, Title 37 of An Act to authorize additional appropriations for the construction of the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming (Oct. 30, 1992) PL 102-575, 106 Stat. 4600, 4740. Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improve and Power District, Roosevelt Water Conservation District, Buckeye Irrigation District, Buckeye Water Conservation and Drainage District, Tempe, Chandler, Mesa, Glendale, Scottsdale, Gilbert and Central AZ Water Conservation District. Tribe is a part of the Gila Water Rights Adjudication. This Act ratifies …

Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992. PL 102-374, 106 Stat. 1186. Parties: US & Northern Cheyenne Nation. The Act ratifies a Compact with MT on June 11, 1991. The Northern Cheyenne Indian Reserved Water Rights Settlement Trust Fund will be established in the US Treasury, but the Tribe shall make a $11.5 million loan available to MT to assist with the Tongue River Dam Project costs (estimated at $52.2 million). For the Tribe itself, there are authorized $7.4 million in 1995, $9 million in 1996 and $5.1 million in 1997. $3.5 million is authorized …

Northern Cheyenne Tribe Water Rights Compact, Northern Cheyenne Tribe, Mt

Native American Water Rights Settlement Project

Settlement Agreement and State Legislation: Water Rights Compact State among Montana, Northern Cheyenne Tribe and US. MCA 85-20-301 (1991). The statute ratifies Compact between Northern Cheyenne, MT and US. This Compact resolves all water claims by the Northern Cheyenne within MT so long as the Tongue River Reservoir is repaired and expanded. Pre-existing stock water, domestic and municipal water uses are recognized. Tribe has right to 32,500 a/f/y of direct flow and storage from the Tongue River Basin (and first rights to excess) with a priority date of Oct. 1, 1881 provided that actual depletion does not exceed 9,375 a/f/y. …

Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement of 1990 Act, Title IV of the Arizona Desert Wilderness Act of 1990 (Jan. 15, 1990) (PL 101-628, 104 Stat. 4469, 4480) Parties: Fort McDowell Indian Community, AZ, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, & Central Arizona Water Conservation District. Act resolves Tribe's water rights in General Adjudication of the Gila River System and Source. Neighboring non-Indian communities will transfer rights to 12,000 a/f of surface water and provide means for …

Truckee-Carson-Pyramid Lake Water Rights Settlement Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Title II - Truckee-Carson-Pyramid Lake Water Settlement, Public Law 101-618, 104 Stat. 3295 (Nov. 16, 1990) dealing primarily with rights of CA and NV. Parties: NV, CA, Pyramid Lake Paiute, The Act provides for the equitable apportionment of waters of Truckee River, Carson River and Lake Tahoe between NV & CA. The California allocation on the Truckee is subject to the right of the Pyramid Lake Indian Reservation’ right to use water as described under the Orr Ditch Decree. The Tribe has the right to manage the water on the reservation. Provisions are made to protect the Pyramid …