Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (65)
- Natural Resources Law (50)
- Environmental Sciences (45)
- Physical Sciences and Mathematics (45)
- Natural Resources Management and Policy (44)
-
- Administrative Law (41)
- Public Affairs, Public Policy and Public Administration (41)
- Social and Behavioral Sciences (41)
- Environmental Policy (40)
- Water Resource Management (40)
- Land Use Law (37)
- Natural Resources and Conservation (37)
- Water Law (37)
- State and Local Government Law (34)
- Life Sciences (31)
- Oil, Gas, and Mineral Law (30)
- Energy and Utilities Law (28)
- Energy Policy (24)
- Property Law and Real Estate (24)
- Dispute Resolution and Arbitration (23)
- Forest Sciences (23)
- Earth Sciences (22)
- Forest Management (22)
- Litigation (22)
- Oil, Gas, and Energy (22)
- Natural Resource Economics (20)
- Animal Law (19)
- Jurisdiction (19)
- Indigenous, Indian, and Aboriginal Law (18)
- Institution
-
- University of Colorado Law School (45)
- University of Montana (4)
- University of Georgia School of Law (3)
- Columbia Law School (2)
- Utah State University (2)
-
- American University Washington College of Law (1)
- Cornell University Law School (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Pace University (1)
- SJ Quinney College of Law, University of Utah (1)
- Seattle University School of Law (1)
- Selected Works (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Denver (1)
- University of Florida Levin College of Law (1)
- University of New Mexico (1)
- University of Richmond (1)
- Publication Year
- Publication
-
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (8)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (7)
- Public Land & Resources Law Review (4)
- Coalbed Methane Development in the Intermountain West (April 4-5) (3)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (2)
-
- Environmental Assessments (CO) (2)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (2)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (2)
- Georgia Journal of International & Comparative Law (2)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (2)
- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (2)
- Water and Growth in the West (Summer Conference, June 7-9) (2)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (2)
- Akron Law Review (1)
- American University Law Review (1)
- Amy L. Stein (1)
- Best Practices for Community and Environmental Protection (October 14) (1)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Books, Reports, and Studies (1)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (1)
- Columbia Center on Sustainable Investment Staff Publications (1)
- Cornell Law Faculty Publications (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Fordham Urban Law Journal (1)
- Indiana Law Journal (1)
- LLM Theses and Essays (1)
- Native American Water Rights Settlement Project (1)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (1)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (1)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (1)
- Publication Type
Articles 1 - 30 of 71
Full-Text Articles in Law
Incorporating Climate Change In Nepa Reviews: Recommendations For Reform, Michael Burger, Romany M. Webb, Jessica A. Wentz
Incorporating Climate Change In Nepa Reviews: Recommendations For Reform, Michael Burger, Romany M. Webb, Jessica A. Wentz
Sabin Center for Climate Change Law
The National Environmental Policy Act (“NEPA”) requires federal agencies to conduct an environmental review prior to moving ahead with any major federal project, plan, or program that could significantly affect the environment. As part of the environmental review, agencies must share information with, and solicit feedback from, the public. The goal is to improve federal decision-making by ensuring that agencies take a hard look at the environmental effects of their actions and fully inform the public about those effects.
In guidance issued in 2016, the Council on Environmental Quality (“CEQ”)—the federal body charged with implementing NEPA—identified climate change as a …
Reconsidering Nepa, Brigham Daniels, Andrew P. Follett, James Salzman
Reconsidering Nepa, Brigham Daniels, Andrew P. Follett, James Salzman
Indiana Law Journal
The National Environmental Policy Act (NEPA) ushered in the modern era of environmental law. Thanks to its environmental impact statement (EIS) provision, it remains, by far, the most litigated environmental statute. Many administrations have sought to weaken the law. The Trump administration, for example, put into place regulations that strictly limit the EIS process, which the Biden administration seems poised to roll back. For the most part, however, NEPA has shown remarkable staying power and resilience since its passage just over fifty years ago. As a result, its legislative history remains relevant. But the accepted history of NEPA is deeply …
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Public Land & Resources Law Review
A single cross-border pipeline project has been the epicenter of environmental litigation for the last decade—and it is not over yet. For years, TransCanada Keystone Pipeline, LP and TC Energy have sought to construct and maintain a segment of the Keystone pipeline between the United States and Canada to connect existing pipeline infrastructure and transport crude oil. To do so, the company must first apply and be approved for a permit. Between 2008 and 2012, President Obama twice denied TransCanada Keystone Pipeline and TC Energy’s applications. Then, in 2017 and again in 2019, President Trump unilaterally invited TC Energy’s application …
Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed
Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed
Public Land & Resources Law Review
In 2017, Secretary of the Interior Ryan Zinke issued a new order lifting the previous administration’s 2016 Jewell Order that had placed a moratorium on mineral leases until a programmatic EIS was completed. The new order repealed the moratorium, cancelled the programmatic EIS, and instructed the BLM to expedite new mineral lease applications. Several plaintiffs challenged Zinke’s order, and the United States District Court for the District of Montana ruled that it was a major federal action that triggered NEPA analysis and that the agency acted arbitrarily and capriciously when it issued the order without any environmental review.
Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V
Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V
Public Land & Resources Law Review
The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s path, were futile.
Judicial Review For The Public Lands: Comment To Eric Biber, Shi-Ling Hsu
Judicial Review For The Public Lands: Comment To Eric Biber, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Nepa, Flpma, And Impact Reduction: An Empirical Assessment Of Blm Resource Management Planning In The Mountain West, John C. Ruple, Mark Capone
Nepa, Flpma, And Impact Reduction: An Empirical Assessment Of Blm Resource Management Planning In The Mountain West, John C. Ruple, Mark Capone
Wallace Stegner Center for Land, Resources, and the Environment publications
This Article reviews Environmental Impact Statements (EIS) completed in conjunction with Resource Management Plan (RMP) revisions conducted by the Bureau of Land Management (BLM) in Colorado, Montana, Utah, and Wyoming between 2004 and 2014. Based on our review of sixteen EISs, we found that RMP revisions increased application of more protective surface use stipulations by statistically significant amounts without causing a statistically significant change in either the number of jobs created or the pace of oil and gas development. In fact, both the number of jobs created and wells drilled increased slightly despite strengthened environmental protections. We also found that …
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
Public Land & Resources Law Review
High Country Conservation Advocates v. United States Forest Service concerns the United States Forest Service’s and the Bureau of Land Management’s authorizations of on-the-ground mining exploration activities in the Sunset Roadless Area of western Colorado. The United States District Court for the District of Colorado’s holding has far-reaching consequences for federal agencies’ analysis and disclosure of impacts on the climate under the National Environmental Policy Act (“NEPA”). In addition to bolstering the Plaintiffs’ recent successes at establishing legal standing to challenge federal agencies’ disclosures and analyses of impacts on the climate under NEPA, High Country is the first case to …
The Fox Is Guarding The Henhouse: Enhancing The Role Of The Epa In Fonsi Determinations Pursuant To Nepa, Wendy B. Davis
The Fox Is Guarding The Henhouse: Enhancing The Role Of The Epa In Fonsi Determinations Pursuant To Nepa, Wendy B. Davis
Akron Law Review
This article suggests an enhanced role for the EPA and the other agencies that have authority to protect our natural resources, including the FWS, NPS, and others. These agencies should have authority to evaluate the environmental assessments leading to a FONSI and require preparation of an EIS pursuant to NEPA. This paper also suggests that these agencies need more authority in the substantive decision of choice of an alternative action pursuant to the EIS, and the determination of whether the proposed action should proceed based on the conclusions in the EIS. This could be accomplished with an amendment to the …
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe
34 slides
Slides: Moffat Collection System Project, Travis Bray
Slides: Moffat Collection System Project, Travis Bray
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water
45 slides
Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson
Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
Recent agreement among congressional leaders on a “fast-track” bill may have been a victory for the Obama administration’s trade agenda. However, members of congress should take a look at the recent Bilcon case, decided by a NAFTA tribunal, to understand what they are signing up for.
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Books, Reports, and Studies
40 pages (includes color illustrations).
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
Amy L. Stein
Neither the National Environmental Policy Act (“NEPA”) nor its implementing regulations require consideration of climate change in NEPA documentation. Yet an ever-growing body of NEPA case law related to climate change is making it increasingly difficult for a federal agency to avoid discussing the impacts of those emissions under NEPA in its Environmental Impact Statements (“EISs”). Although consideration of climate change in NEPA documents sounds right in theory, within the current legal framework, the NEPA documents provide only lip service to the goals of NEPA without any meaningful consideration of climate change. An empirical evaluation of two years of selected …
Nimby: Not In Mexico's Back Yard? A Case For Recognition Of A Human Right To Healthy Enviroment In The American States, Scott D. Cahalan
Nimby: Not In Mexico's Back Yard? A Case For Recognition Of A Human Right To Healthy Enviroment In The American States, Scott D. Cahalan
Georgia Journal of International & Comparative Law
No abstract provided.
The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke
Georgia Journal of International & Comparative Law
No abstract provided.
Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico
Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico
Native American Water Rights Settlement Project
Cost Share & Integration Agreement (Mar. 14, 2013); NM v. Aamodt, 66cv6639 USDC, DCNM. Parties: Pueblos of Nambé, Pojoaque, San Ildefonso & Tesuque, US, NM, Santa Fe County, City of Santa Fe. Conformed to Aamodt Litigation Settlement Act, Pub. L. No. 111-291, tit. VI, 124 Stat. 3064, 3134-56 (2010). Parties agree to fund and the United States agrees to plan, design and construct the Regional Water System (RWS). The Bureau of Reclamation will build the system. The Secretary of Interior shall conduct government-to-government consultation with the Pueblos regarding well locations and maintaining appropriate confidentiality to protect traditional Pueblo practices. US …
A Tale Of Two Projects; Nepa’S Eis V. Mitigated Fonsis, K.K. Duvivier, Ian London
A Tale Of Two Projects; Nepa’S Eis V. Mitigated Fonsis, K.K. Duvivier, Ian London
Sturm College of Law: Faculty Scholarship
No abstract provided.
Materials For Presentation: Water Banks: Voluntary And Flexible Water Supplies For The Colorado River's Uncertain Future [Outline], Robert Wigington
Materials For Presentation: Water Banks: Voluntary And Flexible Water Supplies For The Colorado River's Uncertain Future [Outline], Robert Wigington
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
4 pages.
"Robert Wigington, The Nature Conservancy"
Slides: Climate Change Adaptation And The Federal Lands, Robert L. Glicksman
Slides: Climate Change Adaptation And The Federal Lands, Robert L. Glicksman
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School (Washington, D.C.)
12 slides
Slides: Livestock Grazing On The Public Lands, Joe Feller
Slides: Livestock Grazing On The Public Lands, Joe Feller
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Joe Feller, Professor of Law, Arizona State University Law School; Visiting Professor, University of Colorado Law School
33 slides
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
UF Law Faculty Publications
Neither the National Environmental Policy Act (“NEPA”) nor its implementing regulations require consideration of climate change in NEPA documentation. Yet an ever-growing body of NEPA case law related to climate change is making it increasingly difficult for a federal agency to avoid discussing the impacts of those emissions under NEPA in its Environmental Impact Statements (“EISs”). Although consideration of climate change in NEPA documents sounds right in theory, within the current legal framework, the NEPA documents provide only lip service to the goals of NEPA without any meaningful consideration of climate change. An empirical evaluation of two years of selected …
Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore
Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore
Best Practices for Community and Environmental Protection (October 14)
Presenters: Susan T. Wildau and Christopher W. Moore, CDR Associates (Collaborative Decision Resources), Boulder, CO
22 slides
Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt
Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Jennifer Pitt, Environmental Defense Fund, Boulder, CO
26 slides
Agenda: Securing Environmental Flows On The Colorado River In An Era Of Climate Change: Issues, Challenges, And Opportunities, Western Water Policy Program, University Of Colorado Boulder. Natural Resources Law Center, Nature Conservancy (U.S.), Trout Unlimited, Environmental Defense (Organization), Western Water Assessment (Program), Western Resource Advocates, United States. Bureau Of Reclamation
Agenda: Securing Environmental Flows On The Colorado River In An Era Of Climate Change: Issues, Challenges, And Opportunities, Western Water Policy Program, University Of Colorado Boulder. Natural Resources Law Center, Nature Conservancy (U.S.), Trout Unlimited, Environmental Defense (Organization), Western Water Assessment (Program), Western Resource Advocates, United States. Bureau Of Reclamation
Securing Environmental Flows on the Colorado River in an Era of Climate Change: Issues, Challenges and Opportunities (March 21)
The Colorado River is the primary surface water resource of the Southwest, providing water to approximately 30 million residents. Studies and policy decisions associated with a recently completed EIS point to an ever-tightening water supply due to longstanding growth pressures exacerbated by significant climate change impacts. Given these trends, how can the river’s environmental needs be satisfied?
On March 21st, the Center’s Western Water Policy Program brought together four leading Colorado River experts along with an audience of approximately 70 water professionals to discuss “Securing Environmental Flows on the Colorado River in an Era of Climate Change: Issues, Challenges, and …
Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa
Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Glenn Casamassa, Forest Supervisor, Arapahoe-Roosevelt National Forest
17 slides
Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller
Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Joe Feller, College of Law, Arizona State University
22 slides
Slides: Forests And Grasslands, Federico Cheever
Slides: Forests And Grasslands, Federico Cheever
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Professor Federico Cheever, University of Denver Sturm College of Law
30 slides
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Sharon Friedman, Director of Planning, USDA Forest Service, Rocky Mountain Region
13 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