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University of New Mexico

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Articles 271 - 300 of 557

Full-Text Articles in Environmental Law

The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson Jan 2005

The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson

Faculty Scholarship

Professor Benson reviews the Report on Columbia River water withdrawals and their effects on salmon recently issued by the National Academy of Sciences to the Washington State Department of Ecology, the agency responsible for managing Washingtons water withdrawals from the Columbia and its tributaries. After reviewing the Report, Professor Benson compares its recommendations with western water law's doctrine of prior appropriation and finds that many of the Report's recommendations are in direct conflict with prior appropriation principles. Finally, Professor Benson discusses the potential impact of the Report on water law in Washington and throughout the West. He concludes that, because …


In Memoriam - John P. Taylor, Natural Resources Journal Oct 2004

In Memoriam - John P. Taylor, Natural Resources Journal

Natural Resources Journal

No abstract provided.


National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus Oct 2004

National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus

Natural Resources Journal

No abstract provided.


Clear The Air: The Road Taken: A Reflection On Michael C. Blumm & William Warnock's Roads Not Taken: Epa Vs. Clean Water, Clifford J. Villa Jan 2004

Clear The Air: The Road Taken: A Reflection On Michael C. Blumm & William Warnock's Roads Not Taken: Epa Vs. Clean Water, Clifford J. Villa

Faculty Scholarship

EPA vs. Clean Water presents case studies of the ostensible failure of the United States Environmental Protection Agency (EPA) to implement the Clean Water Act in three principal areas: water quality impacts from dam operations, state water quality certification for nonpoint source discharges, and antidegradation requirements for nonpoint sources.


Tribal Authority Under The Clean Air Act: How Is It Working?, Jana B. Milford Jan 2004

Tribal Authority Under The Clean Air Act: How Is It Working?, Jana B. Milford

Natural Resources Journal

No abstract provided.


Recent Books On John Wesley Powell, Denise D. Fort Jan 2004

Recent Books On John Wesley Powell, Denise D. Fort

Natural Resources Journal

No abstract provided.


Environmental Justice: Stakes, Stakeholders, Strategies, Eileen Gauna, Shiela Foster Oct 2003

Environmental Justice: Stakes, Stakeholders, Strategies, Eileen Gauna, Shiela Foster

Faculty Scholarship

A quick review of the beginning prominence of and continued work for environmental justice.


The Interior Department's Water 2025: Blueprint For Balance, Or Just Better Business As Usual?, Reed D. Benson Oct 2003

The Interior Department's Water 2025: Blueprint For Balance, Or Just Better Business As Usual?, Reed D. Benson

Faculty Scholarship

The U.S. Bureau of Reclamation (USBR or the Bureau) observed its centennial in 2002, and celebrated 100 years of building dams and supplying water for irrigation and other purposes in the western United States. In 2003, the U.S. Department of the Interior (the Interior) and the Bureau shifted their focus to the future of the West and its water supply needs, producing a document called Water 2025: Preventing Crises and Conflict in the West.


Improving New Mexico's Water Management, Denise D. Fort, Tom Mcguckin Jul 2003

Improving New Mexico's Water Management, Denise D. Fort, Tom Mcguckin

Faculty Scholarship

This paper reviews several measures that New Mexico should pursue to improve its management of water. The crisis in New Mexico’s water affects all of the citizens of the state, but hasty responses may promise more than they can deliver. In this paper we present several measures that will allow better use of the resources that the state has, and rectify imbalances in how water has been managed in the state.


Smart Growth In Western Metro Areas, Robert H. Freilich Jul 2003

Smart Growth In Western Metro Areas, Robert H. Freilich

Natural Resources Journal

No abstract provided.


Books Received, Natural Resources Journal Jul 2003

Books Received, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa Jan 2003

Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa

Faculty Scholarship

Stretching across the "panhandle" of northern Idaho, the Coeur d'Alene River Basin evokes a mixed sense of wonder. Within this vast region of mountains and marshes, forests and farmland, creeks and canyons, a vibrant mining industry emerged more than a century ago. Along with the mining industry came the mining towns-and the mining pollution. Over time, the volume of mining wastes discharged into waters of the Coeur d'Alene Basin reached Brobdingnagian proportions: enough waste to fill a football field with a pile four miles high.


Solid Waste Agency Of Northern Cook County V. U.S. Army Corps Of Engineers: Isolated Waters, Migratory Birds, Statutory And Constitutional Interpretation, Edward A. Fitzgerald Jan 2003

Solid Waste Agency Of Northern Cook County V. U.S. Army Corps Of Engineers: Isolated Waters, Migratory Birds, Statutory And Constitutional Interpretation, Edward A. Fitzgerald

Natural Resources Journal

No abstract provided.


Federalism In The Forest: National Versus State Natural Resource Policy, By Tomas M. Koontz, Heather Wight-Axling Jan 2003

Federalism In The Forest: National Versus State Natural Resource Policy, By Tomas M. Koontz, Heather Wight-Axling

Natural Resources Journal

No abstract provided.


Andrade Mesa Wetlands Of The All-American Canal, Osvel Hinojosa-Huerta, Pamela L. Nagler, Yamilett Carrillo-Guerrero, Enrique Zamora-Hernandez, Jaqueline Garcia-Hernandez, Francisco Zamora-Arroyo, Kara Gillon, Edward P. Glenn Oct 2002

Andrade Mesa Wetlands Of The All-American Canal, Osvel Hinojosa-Huerta, Pamela L. Nagler, Yamilett Carrillo-Guerrero, Enrique Zamora-Hernandez, Jaqueline Garcia-Hernandez, Francisco Zamora-Arroyo, Kara Gillon, Edward P. Glenn

Natural Resources Journal

No abstract provided.


The Extension Of Legal Rights To Animals Under A Caring Ethic: An Ecofeminist Exploration Of Steven Wise's Rattling The Cage, Katrina M. Albright Oct 2002

The Extension Of Legal Rights To Animals Under A Caring Ethic: An Ecofeminist Exploration Of Steven Wise's Rattling The Cage, Katrina M. Albright

Natural Resources Journal

No abstract provided.


The Administration Of The Middle Rio Grande Basin: 1956-2002, Celina A. Jones Oct 2002

The Administration Of The Middle Rio Grande Basin: 1956-2002, Celina A. Jones

Natural Resources Journal

No abstract provided.


Western Urban Water Demand, David S. Brookshire, H. Stuart Burness, Janie M. Chermak, Kate Krause Oct 2002

Western Urban Water Demand, David S. Brookshire, H. Stuart Burness, Janie M. Chermak, Kate Krause

Natural Resources Journal

No abstract provided.


Institutional Adaptation To Changing Risk Of Water Scarcity In The Lower Guadalquivir Basin, C. Giansante, M. Aguilar, L. Babiano, A. Garrido, A. Gomez, E. Iglesias, W. Lise, L. Moral, B. Pedregal Jul 2002

Institutional Adaptation To Changing Risk Of Water Scarcity In The Lower Guadalquivir Basin, C. Giansante, M. Aguilar, L. Babiano, A. Garrido, A. Gomez, E. Iglesias, W. Lise, L. Moral, B. Pedregal

Natural Resources Journal

No abstract provided.


Water And Population In The American West, Denise D. Fort Jan 2002

Water And Population In The American West, Denise D. Fort

Faculty Scholarship

The American West is justly famed for its sunshine and wide skies.1 However, there is a potent combination of low rainfall and growing population in the West that ensures that water, or the lack of it, will remain another well-known feature of the region. As the number of people sharing already stressed water supplies increases, the economic, ecological, and social costs of providing water become more evident. Agriculture consumes about 90% of the water that is extracted in the West, and the transfer from agricultural to municipal and industrial uses is invariably complex. Increased water extraction has resulted in the …


Farmworkers As An Environmental Justice Issue: Similarities And Differences, Eileen Gauna Jan 2002

Farmworkers As An Environmental Justice Issue: Similarities And Differences, Eileen Gauna

Faculty Scholarship

This paper endeavors to situate farmworker issues within a broader context of issues in environmental regulation. Environmental regulation is itself a subset of a broader universe of environmental justice concerns. In approaching the issue this way, the author highlights some of the similarities farmworker issues share with other regulatory environmental justice issues. The author highlights the dramatic differences as well. Leaving to others the task of describing the dire conditions of the farmworker, the author takes two important examples of regulatory mechanisms designed to protect farmworkers and describe some of the commonalities. The two sites of regulatory activity used are …


Giving Suckers (And Salmon) An Even Break: Klamath Basin Water And The Endangered Species Act, Reed D. Benson Jan 2002

Giving Suckers (And Salmon) An Even Break: Klamath Basin Water And The Endangered Species Act, Reed D. Benson

Faculty Scholarship

An extreme drought hit the Klamath River Basin of southern Oregon and northern California in 2001, and a remarkable water controversy soon followed. Hundreds of farmers, who for decades had reliably received irrigation water from the federal government's Klamath Project, were told, for the first time, that they would get none that year. Instead, the government would hold the water in Upper Klamath Lake and release it to flow down the Klamath River in an effort to ensure the survival of fish protected by the Endangered Species Act.


Rice V. Cayetano: The Supreme Court Declines To Extend Federal Indian Law Principles To Native Hawaiians Sovereign Rights, Jeanette Wolfley Jan 2002

Rice V. Cayetano: The Supreme Court Declines To Extend Federal Indian Law Principles To Native Hawaiians Sovereign Rights, Jeanette Wolfley

Faculty Scholarship

As I read and reread the Rice decision, I realized how similar it is to the trend in the recent Indian law cases decided by the Supreme Court. For example, Rice, in many respects, represents the discomfort the Justices feel for upholding "special treatment" of Native Americans under the law. The Court in Rice reversed the Ninth Circuit's decision allowing the State of Hawaii to conduct a Natives-only election of trustees to administer a trust to benefit Native Hawaiians. It found that the Fifteenth Amendment, adopted after the Civil War to prevent states from denying the elective franchise to former …


Should Municpalities Be Liable For Development-Related Flooding, Steven Frederic Lachman Oct 2001

Should Municpalities Be Liable For Development-Related Flooding, Steven Frederic Lachman

Natural Resources Journal

No abstract provided.


Epa At Thirty: Fairness In Environmental Protection, Eileen Gauna Jul 2001

Epa At Thirty: Fairness In Environmental Protection, Eileen Gauna

Faculty Scholarship

This Article looks at how EPA is managing the fairness issue in a discrete but highly charged context: permit issuances that affect heavily impacted communities. This Article first provides a discussion of how fairness-oriented reform might evolve within the permit process. This section also examines permit issuances that were appealed to the U.S. Environmental Appeals Board (EAB) on environmental justice grounds. Proceeding one step beyond environmental law, the Article looks at how EPA is responding to claims of disparate impact under Title VI of the Civil Rights Act. However, rather than focus on the intricacies of legal doctrine under Title …


The Nile River: Potential For Conflict And Cooperation In The Face Of Water Degradation, Kristin Wiebe Jul 2001

The Nile River: Potential For Conflict And Cooperation In The Face Of Water Degradation, Kristin Wiebe

Natural Resources Journal

No abstract provided.


A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick Jul 2001

A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick

Faculty Scholarship

In an effort to address the well-documented and serious problem of environmental justice in the United States, President William J. Clinton issued Executive Order (EO) No. 128981 on February 11, 1994. The EO represented the culmination of a century of rapid changes in society's attitudes toward the placement of hazardous facilities in poor, disadvantaged, and minority communities, as well as the denial of services to these communities. This survey examines the impact of the EO on federal agencies. Environmental justice is not a problem unique to the late 20th century. Majoritarian societies have historically discriminated against minority groups.3 For example, …


Marketing Western Water: Can A Process Based Geographic Information System Improve Reallocation Decisions, Olen Paul Matthews, Louis Scuderi, David Brookshire, Kirk Gregory, Seth Snell, Kate Krause, Janie Shermak, Bradley Cullen, Michael Campana Apr 2001

Marketing Western Water: Can A Process Based Geographic Information System Improve Reallocation Decisions, Olen Paul Matthews, Louis Scuderi, David Brookshire, Kirk Gregory, Seth Snell, Kate Krause, Janie Shermak, Bradley Cullen, Michael Campana

Natural Resources Journal

No abstract provided.


Finding Of No Significant Impact And Environmental Assessment, U.S. Army Corps Of Engineers Apr 2001

Finding Of No Significant Impact And Environmental Assessment, U.S. Army Corps Of Engineers

Law of the Rio Chama

Abiquiu and Jemez Canyon Reservoirs Supplemental Water Storage and Release Finding of No Significant impact.


From Reclamation To Sustainability: Water, Agriculture, And The Environment In The American West, By Lawrence J. Macdonnell, Denise D. Fort Jan 2001

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

Natural Resources Journal

No abstract provided.