Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (209)
- Seattle University School of Law (199)
- American University Washington College of Law (176)
- University of Montana (173)
- University of New Mexico (78)
-
- University of Arkansas, Fayetteville (55)
- Columbia Law School (54)
- Pace University (35)
- Fordham Law School (32)
- Villanova University Charles Widger School of Law (23)
- William & Mary Law School (16)
- University of Kentucky (14)
- Texas A&M University School of Law (10)
- BLR (9)
- Florida A&M University College of Law (8)
- Lewis & Clark Law School (7)
- Yeshiva University, Cardozo School of Law (7)
- Florida International University College of Law (6)
- Maurer School of Law: Indiana University (6)
- University of Oklahoma College of Law (6)
- Brooklyn Law School (5)
- University of Maine School of Law (5)
- University of Georgia School of Law (4)
- University of Maryland Francis King Carey School of Law (4)
- University of Washington School of Law (4)
- Schulich School of Law, Dalhousie University (3)
- University of Florida Levin College of Law (3)
- University of Michigan Law School (3)
- West Virginia University (3)
- Bemidji State University (2)
- Keyword
-
- Agriculture (84)
- Law (79)
- Climate change (72)
- Colorado (62)
- Water law (55)
-
- California (54)
- Environmental law (52)
- West (41)
- United States (40)
- Clean Water Act (37)
- New Mexico (37)
- Arizona (34)
- Conservation (34)
- Colorado River (32)
- Drought (29)
- Human rights (29)
- Groundwater (28)
- Water supply (27)
- Beneficial use (25)
- Water policy (25)
- Wyoming (25)
- Global warming (24)
- Utah (24)
- Water quality (24)
- Water resource management (24)
- Endangered Species Act (23)
- Irrigation (23)
- Water resources management (23)
- Western water law (23)
- Montana (22)
- Publication Year
- Publication
-
- Seattle University Law Review (191)
- Sustainable Development Law & Policy (175)
- Public Land & Resources Law Review (173)
- Publications (82)
- Journal of Food Law & Policy (55)
-
- Columbia Center on Sustainable Investment Staff Publications (53)
- Fordham Environmental Law Review (32)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (29)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (23)
- Villanova Environmental Law Journal (1991 - ) (22)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (21)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (21)
- Elisabeth Haub School of Law Faculty Publications (18)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (17)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (17)
- Pace Environmental Law Review (14)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (13)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (13)
- William & Mary Environmental Law and Policy Review (13)
- Faculty Scholarship (11)
- ExpressO (9)
- Kentucky Journal of Equine, Agriculture, & Natural Resources Law (9)
- Animal Law Review (6)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (6)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (6)
- Coalbed Methane Development in the Intermountain West (April 4-5) (5)
- Faculty Publications (5)
- Florida A & M University Law Review (5)
- Brooklyn Journal of International Law (4)
- Publication Type
- File Type
Articles 151 - 180 of 1215
Full-Text Articles in Environmental Law
Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett
Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett
Public Land & Resources Law Review
Bison herds once roamed the American Plains by the millions and were a staple in the lives of Native Americans. By the late 1800’s, bison were nearly extinct due to the westward expansion of European settlers and over hunting. Now, there is a population of merely 30,000 wild bison in North America. Although bison no longer face threats of immediate extinction, wild herds face stark realities of disease, habitat loss, and genetic degradation.
Schutter V. State Board Of Land Commissioners, Gillian P. Ellison
Schutter V. State Board Of Land Commissioners, Gillian P. Ellison
Public Land & Resources Law Review
In Schutter v. State Board of Land Commissioners, the Montana Supreme Court addressed the State’s fiduciary obligation in the context of water rights appurtenant to school trust lands. Central to the Court’s holding was the State’s fiduciary duty in managing lands held in trust for the benefit of the State. By upholding the State’s claim to partial ownership of a water right originating on private land, the Schutter Court underscored the tension between private property rights and the State's trust fiduciary duties.
Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard
Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard
Public Land & Resources Law Review
Flathead-Lolo-Bitterroot Citizen Task Force v. Montana evaluates the efficacy of the proposed 2024 gray wolf floating season in preventing harm to grizzly bears, a protected species in Montana. The Court of Appeals for the Ninth Circuit affirmed the implementation of a “serious questions” test for preliminary injunctions that is specific to Endangered Species Act cases. The Court agreed with the district court’s grant of a preliminary injunction that limited the 2024 floating season temporally, but modified the injunction in two respects, thereby narrowing its application. The Court’s holding signifies the continuation of a preliminary injunction standard that values protections for …
Corner Post V. Board Of Governors Of Federal Reserve System, Alexis Karbowicz
Corner Post V. Board Of Governors Of Federal Reserve System, Alexis Karbowicz
Public Land & Resources Law Review
Corner Post v. Board of Governors of the Federal Reserve System resolved a circuit split on when claims against the federal government “accrue” under 28 U.S.C.A. § 2401(a). The Supreme Court clarified whether plaintiffs must file challenges within six years of a regulation’s enactment or may wait until they are directly affected by an agency action, even if that occurs years later. Examining the case’s factual and procedural background provides insight into the relevant regulatory context. The Court’s analysis offers a detailed interpretation of statutory language and establishes principles of claim accrual, alongside the policy considerations of regulatory finality and …
The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green
The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green
Public Land & Resources Law Review
The United States intellectual property (“IP”) system is deeply intertwined with our country’s history and constitution. t is foundational in favoring young American inventors. George Washington signed the first patent act in 1790 in hopes of promoting the innovation and progress of science and useful arts. Yet, our patent system was also built around the Western tradition of individualism and competition, which failed to recognize the communal nature and traditional knowledge of tribal communities. This disparity allows the biopiracy of traditional knowledge to be lawful. This comment will explore the harmful toll that United States patent law has taken on …
Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?
Fordham Environmental Law Review
As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …
A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry
Fordham Environmental Law Review
Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …
Why We Need A Constitutional Right To Healthy Environment In Canada
Why We Need A Constitutional Right To Healthy Environment In Canada
Fordham Environmental Law Review
The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …
Negara Hukum Kesejahteraan Di Batas Pantai: Paradoks Perlindungan Negara Terhadap Masyarakat Pesisir Di Tengah Perubahan Iklim, Aji Baskoro
Jurnal Ilmu Kesejahteraan Sosial
Climate change poses significant challenges to vulnerable coastal communities in Indonesia. As a welfare state, the Indonesian government is expected to safeguard these vulnerable groups through policies that promote their welfare and sustainable livelihoods. However, current policies create a paradox. This article explores this paradox: on the one hand, Indonesia adheres to the welfare state principle, which demands that all government actions be grounded in law, ensuring public safety and welfare. On the other hand, the policies focus on exploiting natural resources, exacerbating the vulnerabilities of coastal communities, particularly in the face of climate change. The article employs a normative …
Beyond Reform: Food Sovereignty And The Future Of Global Food Systems, Smita Narula
Beyond Reform: Food Sovereignty And The Future Of Global Food Systems, Smita Narula
Elisabeth Haub School of Law Faculty Publications
We live in a deeply destructive food system, and the need for alternatives is clear. Yet state and corporate actors, beholden to an extractive, industrial model of food production, continue to push for incremental reforms instead of transformative action. In response, food sovereignty movements are charting a normative path in international human rights law to secure peasants' rights and promote more sustainable and just alternatives to our industrial food system. Against the backdrop of the political economy of industrial agriculture, this Article compares mainstream approaches to food systems reform with transformative alternatives rooted in food sovereignty. It explores two key …
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
Public Land & Resources Law Review
No abstract provided.
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Public Land & Resources Law Review
No abstract provided.
Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White
Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White
Public Land & Resources Law Review
No abstract provided.
Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell
Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell
Public Land & Resources Law Review
No abstract provided.
Exemplary Brief For Respondent, Skylee James, Lauren Bretz
Exemplary Brief For Respondent, Skylee James, Lauren Bretz
Public Land & Resources Law Review
No abstract provided.
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …
Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto
Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto
UMKC Law Review
Groundwater serves as a vital, limited resource for people all over the world. The United States Geological Survey reports that about 140 million people in the United States rely on groundwater for drinking water, of those, almost 43 million people rely on groundwater from domestic (or private, non-public supply) wells. In rural areas, groundwater is often the only available source of drinking water, making protection of groundwater quality in these regions a paramount concern.
Mirroring the various state regulatory approaches to groundwater management and protection, much of the recent media coverage of groundwater in the West focuses on water allocation …
Conservation Co-Governance As A Cure: Investigating Aotearoa New Zealand's Conservation Co-Governance Model As A Blueprint For Restoring Navajo Sovereignty In Managing Canyon De Chelly, Shana R. Herman
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross
The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Where's The Beef? The Fifth Circuit's Attempt To Clarify Plant-Based Food Labeling Laws In Turtle Island Foods S.P.C. V. Strain, Andrew J. Kash
Where's The Beef? The Fifth Circuit's Attempt To Clarify Plant-Based Food Labeling Laws In Turtle Island Foods S.P.C. V. Strain, Andrew J. Kash
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Public Land & Resources Law Review
In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …
Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela
Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela
Brooklyn Journal of International Law
Lithium has become a valuable commodity and resource globally. The metal’s power generating and storing qualities have directly contributed to the development of the lithium-ion battery, which is primarily used in electric vehicles. As the demand for electric vehicles continuously grows, electric vehicle manufacturers require substantially larger quantities of lithium to ensure their supply meets demand. Thus, manufacturers rely on lithium mining companies to establish mining operations in lithium dense areas and extract tremendous amounts of the element. One country where an abundance of lithium can be found is Argentina. Known as one of the countries comprising the “lithium triangle,” …
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.