Environmental Law Commons^™

Virginia As A Case Study: Epa Should Be Willing To Withdraw Npdes Permitting Authority From Deficient States, Erik R. Lehtinen

William & Mary Environmental Law and Policy Review

No abstract provided.

United States V. Smithfield: A Paradigmatic Example Of Lax Enforcement Of The Clean Water Act By The Commonwealth Of Virginia, Derek A. Yeo, Roy A. Hoagland

William & Mary Environmental Law and Policy Review

No abstract provided.

Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Uncertainty Surrounding Grazing And Section 401 Of The Clean Water Act: Predicting The Outcome Of Oregon Natural Desert Association V. Dombeck, Daryl G. Ward

Brigham Young University Journal of Public Law

No abstract provided.

Resource Law Notes Newsletter, No. 45, Winter Issue, 1999, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

From Reclamation To Sustainability: Water, Agriculture, And The Environment In The American West, Lawrence J. Macdonnell

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b236740~S0

Contents: Introduction : Living in a land of limited water -- PART 1. THE LOWER ARKANSAS VALLEY : AFTER THE WATER IS GONE: Colorado's Arkansas River -- Watering and cultivating the prairie -- Stretching a limited water supply -- Irrigation water for sale? -- A hostile takeover? -- Looking ahead -- PART 2. THE GRAND VALLEY, COLORADO : WHERE FRUIT, FISH, AND GROWTH COLLIDE: Growing peaches in …

Fire On The Plateau: Conflict And Endurance In The American Southwest, Charles F. Wilkinson

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b235993~S0

Contents: Introduction : The Colorado Plateau -- PART ONE : BEDROCK: Route 66 -- Mexican hat -- Deseret -- Coyote -- Vishnu -- PART TWO : CONFLICTS AND CONQUESTS: Kykotsmovi -- Jack -- Uintah -- Phoenix -- Rosa -- Cretaceous -- Junction Dam -- PART THREE : ENDURANCE: Cedar Mesa Canyon -- Black Mesa -- Kachina -- Druid Arch -- Mount Blanca -- Afterword

Gwaltney Of Smithfield Revisited, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article returns to the earlier Gwaltney decision, looking both to the text of the Gwaltney opinion, and to internal memoranda demonstrating the debate which occurred among the justices themselves over the nature of the beast with which they were dealing: a confusing mixture of subject matter jurisdiction, substantive cause of action and constitutionally based standing requirements. This review leads to the conclusion that the opinion's lack of analytical clarity, which created substantial confusion for courts and litigants, could have been avoided by a more carefully reasoned work based on the Court's internal discussions. Further, the Court's decision in Steel …

Ferc's Dam Decommissioning Authority Under The Federal Power Act, Beth C. Bryant

Washington Law Review

The Federal Energy Regulatory Commission (FERC) asserted in a 1994 Policy Statement that it has the authority under the Federal Power Act to deny a new license for a hydroelectric dam or impose environmental conditions on a new license that may render a project unprofitable, when doing so is in the public interest. In addition, FERC stated that it would impose decommissioning costs on the dam owner. The hydroelectric industry claims that FERC lacks the authority to take these actions, and that if maintaining a dam is no longer in the public interest, either the federal government or another party …

In Memoriam: Albert E. Utton, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Dedication: Professor Albert E. Utton (1931-1998), David H. Getches

Publications

No abstract provided.

Possible Solutions: Policy Tools To Achieve Flexibility To Meet New Conditions, Preliminary Thoughts For Coping With Future Droughts, Maria O'Brien

Faculty Scholarship

The following comments are premised on the author's experience with the Middle Rio Grande Conservancy District (Conservancy) in New Mexico and its endeavor to implement a water banking system. Background information about the Conservancy is helpful for an understanding of its efforts at water banking.

United Water New Mexico, Inc. V. New Mexico Public Utility Commission: Why Rules Governing The Condemnation And Municipalization Of Water Utilities May Not Apply To Electric Utilities, Thomas Smidt Iii

Natural Resources Journal

No abstract provided.

Ocean Ecosystem Stewardship, W. M. Von Zharen

William & Mary Environmental Law and Policy Review

No abstract provided.

Resource Law Notes Newsletter, No. 44, Summer Issue, 1998, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

The Rhetoric And Reality Of Water Quality Protection In China, W. Scott Railton

Washington International Law Journal

With the majority of its freshwater sources polluted, and the pursuant incurrence of significant economic losses, and substantial health risks, China has reached a critical stage in its water resource management. Past efforts to legislate for water quality protection, although promising in content, have been less than effective. Four modes of enforcement—administrative controls, economic incentives, legal responsibility, and campaigns—have achieved only moderate success. This Comment examines the statutory and regulatory framework for water pollution control in China and suggests that if China's water pollution controls are ever to be more than mere rhetoric, China must focus on eliminating conflicts of …

The Cost Of Noncompliance: The Economic Value Of Water In The Middle Arkansas River Valley, Robert Benjamin Naeser, Lynne Lewis Bennett

Natural Resources Journal

No abstract provided.

Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

12 pages.

Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

Co-sponsored by the Natural Resources Law Center and the Colorado Bureau of Land Management.

The conference will explore several components of the “promise and peril” of the ongoing outdoor recreation explosion. The conference will begin on the morning of June 8 with a series of introductory presentations designed to place the outdoor recreation movement in a useful historical and socioeconomic context. This material will be followed in the afternoon session by a discussion of environmental impacts of outdoor recreation, recognizing that the diversity and magnitude of impacts is as broad as the industry itself. This discussion will be followed on …

Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

17 pages.

Resource Law Notes Newsletter, No. 43, Spring Issue, Mar. 1998, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Catron County Board Of Commissioners, N.M. V. United States Fish & (And) Wildlife Service: Is Functional Equivalence The Solution To The Emerging Critical Habitat Problem, Kurt Van Deren

Natural Resources Journal

No abstract provided.

The National Park Service And The Regulation Of The Air Tour Industry At Grand Canyon National Park, Brenton Alexander

Natural Resources Journal

No abstract provided.

Resource Law Notes Newsletter, No. 42, Winter Issue, Feb. 1998, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Florida Water Policy: A Twenty-Five Year Mid-Course Correction, Frank E. Matthews, Gabriel E. Nieto

Florida State University Law Review

No abstract provided.

Virginia's Waters: Still At Risk - A Critique Of The Commonwealth's Water Quality Assessment Reports, Chesapeake Bay Foundation

Richmond Journal of Law and the Public Interest

Federal law requires all states to periodically report to the Environmental Protection Agency (EPA) on the water quality of their rivers, lakes and streams and provide EPA with a listing of polluted waters. Virginia has recently prepared two reports for 1996 and boasts that only 5 percent of the Commonwealth's rivers are polluted. Under closer inspection, this information is found to be extremely misleading due to a number of serious gaps and flaws within Virginia's water quality monitoring program and its methods of data reporting and evaluation. When Virginia states that only 5 percent of the waters it monitors fail …

Maintaining The Status Quo: Protecting Established Water Uses In The Pacific Northwest, Despite The Rules Of Prior Appropriation, Reed D. Benson

Faculty Scholarship

Water law in the Northwest states has long been based on the well-established rules of the Prior Appropriation Doctrine. In recent years, however, the four Northwest states often have not applied these rules against existing water users. State legislatures, courts, and water resource agencies have routinely changed the rules, or refused to implement them, if doing so might curtail current uses. This Article examines the ways in which the Northwest states have maintained the water use status quo despite the traditional rules. The Article then evaluates the economic and environmental implications of state efforts to protect existing water uses, and …

Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers

Elisabeth Haub School of Law Faculty Publications

The purpose of this article is to examine the legal adequacy of proposals now under consideration for a nitrogen trading program on Long Island Sound, and to assess the likelihood of success in light of the experience with other trading programs, both for water and air pollution. Part I outlines the current environmental condition of Long Island Sound and explains the factors which have led proponents of trading to believe such a program could be effective. In Part II we consider the essential elements of a trading program, and the lessons to be learned from the Clean Air Act programs. …

Virginia's Waters: Still At Risk - A Critique Of The Commonwealth's Water Quality Assessment Reports, Chesapeake Bay Foundation

Richmond Public Interest Law Review

Federal law requires all states to periodically report to the Environmental Protection Agency (EPA) on the water quality of their rivers, lakes and streams and provide EPA with a listing of polluted waters. Virginia has recently prepared two reports for 1996 and boasts that only 5 percent of the Commonwealth's rivers are polluted. Under closer inspection, this information is found to be extremely misleading due to a number of serious gaps and flaws within Virginia's water quality monitoring program and its methods of data reporting and evaluation. When Virginia states that only 5 percent of the waters it monitors fail …

Natural Resource Policy, Unforgiving Geographies, And Persistent Poverty In Alaska Native Villages, Gigi Berardi

Natural Resources Journal

No abstract provided.