Law Commons^™

Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights, Allison M. Dussias

Allison M Dussias

Abstract: SPIRIT FOOD AND SOVEREIGNTY: PATHWAYS FOR PROTECTING INDIGENOUS PEOPLES’ SUBSISTENCE RIGHTS

By Professor Allison M. Dussias

This article examines three pathways recently followed by Native American tribes and other Native communities in seeking protection of their rights to culturally valuable and legally protected subsistence resources – wild, renewable resources on which Native peoples have traditionally relied to sustain themselves. They have pursued their claims not only through litigation in U.S. courts, but also through claims to international bodies and through the regulatory process. The sources of law and rights on which they have relied as they followed these different …

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

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

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

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

Interview With Jeff Peterson By Brien Williams, Jeffrey 'Jeff' W. Peterson

George J. Mitchell Oral History Project

Biographical Note
Jeffrey Ward Peterson was born on March 23, 1954, in Lexington, Massachusetts, to Jean H. and Dr. Merrill D. Peterson. He grew up in Lexington until age ten, then moved to Charlottesville, Virginia, in 1964. He attended Bowdoin College and studied away for a semester at American University, where he held an internship with the Senate Subcommittee on Intergovernmental Relations. After graduation he worked in Maine for two years, married, and moved to Seattle, Washington, to attend the University of Washington Graduate School of Public Affairs, where he earned a master’s degree while working part-time for the Environmental …

The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt

San Diego Journal of Climate & Energy Law

As we move toward an almost certain comprehensive federal law to address climate change, increasing attention is being paid to what will happen to state and local climate change and climate change-related programs that have arisen in this country in the law few years. As the symposium demonstrated, California has a particular concern that federal law might block its environmental and climate change policies. ...
... In most areas, almost 40 years of environmental federalism has allowed states to regulate beyond the federal government for the protection of their citizens, and we can examine this history empirically in order to …

The Clean Water Act And Power Plant Cooling Water Intake Structures, John H. Minan

San Diego Journal of Climate & Energy Law

The focus of this Article in on a subtler, but no less important, part of the climate change story involving energy and water. The focus in on the federal regulation of existing once-through-cooling (OTC) intake structures that are used by large steam electric-generating power plants. OTC, closed-cycle (CC) cooling, and dry-cooling (DC) each perform the same function, which is the removal of waste heat from the steam cycle after it has generated electricity.
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The elimination of OTC systems would have a salutatory effect on the aquatic environment because fewer marine organisms would be destroyed by impingement and entrainment. But …

General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Science, Politics, Law And The Arc Of The Clean Water Act: The Role Of Assumptions In The Adoption Of A Pollution Control Landmark, Robert L. Glicksman, Matthew R. Batzel

GW Law Faculty Publications & Other Works

This article examines the assumptions upon which Congress relied in enacting the 1972 Clean Water Act and the extent to which they have been borne out or belied as the federal and state governments have implemented their statutory responsibilities in the quest to achieve acceptably clean water. It traces the development of federal water pollution control legislation before 1972, highlighting the deficiencies that contributed to the need for a new approach in 1972. It then examines the scientific and technical, political, and legal assumptions that helped shape the 1972 Clean Water Act in an effort to determine whether the failure …

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

The United States Court of Appeals for the Eleventh Circuit decided cases in 2008 that addressed the scope of agency discretion in several contexts. In an issue of first impression under the Clean Air Act (CAA), the court held that the Environmental Protection Agency (EPA) properly exercised its discretion in not objecting to the issuance of an operating permit to a power company that the agency had earlier formally accused of violating the CAA. In another case, the court held that the Federal Emergency Management Agency had the discretion to protect endangered species while administering the National Flood Insurance Act …