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Environmental Law Commons

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University of New Mexico

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Articles 241 - 270 of 557

Full-Text Articles in Environmental Law

'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim Oct 2007

'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim

Natural Resources Journal

No abstract provided.


Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord Oct 2007

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.


A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen Aug 2007

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.


Model Interstate Water Compact, Ken Knox Jun 2007

Model Interstate Water Compact, Ken Knox

Publications

No abstract provided.


Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico Jun 2007

Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico

Publications

No abstract provided.


Introduction, G. Emlen Hall Mar 2007

Introduction, G. Emlen Hall

Natural Resources Journal

No abstract provided.


Form 5 Llc: A Modest Proposal For A Limited Liability Company Agreement Based On Form 5, Alex Ritchie, James F. Cress, Paul Smith Jan 2007

Form 5 Llc: A Modest Proposal For A Limited Liability Company Agreement Based On Form 5, Alex Ritchie, James F. Cress, Paul Smith

Faculty Scholarship

Long before there were limited liability companies, there were mining joint ventures. Although LLCs have generally become the dominant choice for the formation of privately held entities, the common law joint venture stubbornly persists as the preferred investment vehicle for mining companies. To add to the suite of Form 5 mining joint venture forms previously published by the Rocky Mountain Mineral Law Foundation, this article proposes yet another version of Form 5, dubbed the Modest Form, with the hope that a new LLC form project would be launched by the Foundation and thereby become more manageable. The Modest Form is …


Lng Facility Siting And Environmental (In)Justice: Is It Time For A National Siting Scheme?, Eileen Gauna Jan 2007

Lng Facility Siting And Environmental (In)Justice: Is It Time For A National Siting Scheme?, Eileen Gauna

Faculty Scholarship

This Article examines the distributional and other environmental justice issues arising from the current initiative to rapidly site multiple LNG import facilities in order to increase the supply of natural gas into the continental United States. This Article further examines the necessity of creating a national siting scheme to avoid exacerbating existing racial disparities in risk-producing land use practices.


From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond Jan 2007

From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond

Natural Resources Journal

No abstract provided.


Joe Stell's Life, Career, & Contributions, Susan Kelly Jan 2007

Joe Stell's Life, Career, & Contributions, Susan Kelly

Water Matters!

Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …


Rivers To Live By: Can Western Water Law Help Communities Embrace Their Streams?, Reed D. Benson Jan 2007

Rivers To Live By: Can Western Water Law Help Communities Embrace Their Streams?, Reed D. Benson

Faculty Scholarship

In short, this article will adress: (1) the ways in which traditional western water law has hindered efforts to preserve free-flowing rivers in our communities; (2) some examples of how cities and towns are making efforts to keep their rivers flowing in order to provide recreation and other public benefits, and the ways in which water law is beginning to change to accomodate these efforts; and (3) some suggestions for water law reforms that would expand opportunities for western communities to keep water flowing in their rivers.


Water Forum 2006, Susan Kelly Oct 2006

Water Forum 2006, Susan Kelly

Publications

No abstract provided.


An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby Jul 2006

An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby

Natural Resources Journal

No abstract provided.


A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett Jul 2006

A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett

Natural Resources Journal

No abstract provided.


The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia Jul 2006

The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia

Natural Resources Journal

No abstract provided.


The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease Jul 2006

The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease

Natural Resources Journal

No abstract provided.


Active Water Resource Management: Tools For Better Water Management, John D'Antonio May 2006

Active Water Resource Management: Tools For Better Water Management, John D'Antonio

Publications

No abstract provided.


Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack May 2006

Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack

Publications

No abstract provided.


Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary May 2006

Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary

Publications

No abstract provided.


New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria Apr 2006

New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria

Natural Resources Journal

No abstract provided.


Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson Jan 2006

Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson

Faculty Scholarship

This Article seeks to separate the myth from the reality of federal deference to state water allocation authority. Section I briefly addresses background principles of state water law and federal constitutional law, and Section II traces the early history of deference prior to 1910. Section III analyzes three federal statutory schemes and Supreme Court cases applying them, suggests that each represents a different level of federal deference, and distills a few principles for analyzing deference under federal statutes. Section IV addresses deference issues arising in the context of the CWA and the ESA, applying the principles identified in the previous …


An Environmental Pool For The Rio Grande, Kara Gillon Jan 2006

An Environmental Pool For The Rio Grande, Kara Gillon

Publications

The Bureau of Reclamation and Corps of Engineers operate a series of dams, reservoirs, and levees along the Middle Rio Grande of New Mexico. The plight of the Rio Grande silvery minnow, an endangered species, and of the river itself demonstrates the need for a change from the emphasis on water development to sustainable river management. Conservation groups invoked the protections of the Endangered Species Act to catalyze this change. Recognizing that flexibility is necessary to meeting competing water needs, the groups also promoted the need for and several approaches to a sustainable and long-term approach to river management and …


A Few Ironies Of Western Water Law, Reed D. Benson Jan 2006

A Few Ironies Of Western Water Law, Reed D. Benson

Faculty Scholarship

We have a truly outstanding panel of speakers this morning to discuss issues and history relating to water resources in the American West. Water, of course, has always been scarce out here. Some nineteenth century maps of the United States had the words "Great American Desert" written broadly across the West, and that characterization reflected how many people viewed the West in that era. The story goes that President Grant sent a cabinet member to the West with orders to report back on "what it is they need out there." The secretary dutifully wrote back saying, "All this place needs …


Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort Jan 2006

Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort

Faculty Scholarship

The question posed here is what role the federal government should play in responding to the western water crisis, in light of the changes in the social and political landscape that have occurred in the last decade. My thesis is that solutions to water needs that are funded locally are more likely to be sustainable than those produced through national appropriations. My thinking is affected by the work I did on a Presidential commission that recommended sustainability be the cornerstone of western water policy.


Adequate Progress, Or Rivers Left Behind? Developments In Colorado And Wyoming Instream Flow Laws Since 2000, Reed D. Benson Jan 2006

Adequate Progress, Or Rivers Left Behind? Developments In Colorado And Wyoming Instream Flow Laws Since 2000, Reed D. Benson

Faculty Scholarship

Colorado and Wyoming have much in common in regard to water supply and water use, and both states have followed the western states' traditional approach in their instream flow laws. This traditional approach, however, has serious practical shortcomings in restoring and protecting instream flows. This Article asks whether Colorado and Wyoming have made “adequate progress” since 2000 in addressing these shortcomings in their instream flow laws. For one of these states, the answer is clear Wyoming has made no progress on its instream flow laws in recent years. Colorado, by contrast, has clearly made progress in strengthening its laws-especially as …


The Aftermath Of Hurricane Katrina, An Unnatural Disaster, Eileen Gauna Sep 2005

The Aftermath Of Hurricane Katrina, An Unnatural Disaster, Eileen Gauna

Faculty Scholarship

This report analyzes key policy decisions, as well as actions and inaction under health, safety, and environmental laws, that could have better protected New Orleans from the effects of Katrina before the hurricane and those that could have improved the emergency response in its wake. In the area of public health, safety, and the environment, the paper explores the implementation of wetlands law and policy, bad decisions regarding the construction and maintenance of the levee system designed to protect New Orleans, pollution prevention and clean-up laws, and energy policy. In the area of emergency response, it reviews policy decisions related …


Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen Mar 2005

Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen

Faculty Scholarship

This white paper describes briefly the remarkable journey of community-based environmental justice advocates over the last 15 years and their impact on environmental regulation. It will also describe some of the empirical evidence of disparities and the regulatory dynamics that make these inequities an intractable problem, despite the collective efforts of grassroots leaders, environmental justice organizations, public interest law firms, and governmental officials. The paper then focuses on one important set of issues that must be tackled in order to achieve environmental justice: those involving injustice in risk regulation. We strive in this white paper, as allies in this collective …


Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk Mar 2005

Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

Publications

No abstract provided.


Delawate River Basin Compact, Jeffrey Featherstone Mar 2005

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.


Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson Jan 2005

Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson

Faculty Scholarship

"This Article deals with one section of the CWA, section 303, and its implications for flow-impaired streams and related policy issues. While the CWA's main thrust is controlling pollution from "point sources" through a system of permits and technology-based effluent limits, section 303 takes a different approach, focusing on the quality of individual waterbodies and requiring corrective steps for each one that falls below standards. Section 303 addresses not only point source discharges, but other human activities that affect the chemical, physical, and biological integrity of the nation's waters, including pollution from non-point sources, and perhaps even flow impairment. Thus, …