Open Access. Powered by Scholars. Published by Universities.®

Land Use Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of New Mexico

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 31 - 60 of 435

Full-Text Articles in Land Use Law

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul Jul 2017

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul

Natural Resources Journal

In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as other water …


Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa Jul 2017

Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa

Natural Resources Journal

No abstract provided.


State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson Apr 2017

State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson

Natural Resources Journal

No abstract provided.


Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert Apr 2017

Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert

Natural Resources Journal

No abstract provided.


Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman Apr 2017

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.


Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter Apr 2017

Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter

Natural Resources Journal

No abstract provided.


Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist Apr 2017

Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist

Natural Resources Journal

No abstract provided.


Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton Apr 2017

Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton

Natural Resources Journal

No abstract provided.


Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai Apr 2017

Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai

Natural Resources Journal

No abstract provided.


Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes Jan 2017

Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes

Publications

This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve …


Front Matter, Natural Resources Journal Jul 2016

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Front Matter, Natural Resources Journal Jan 2016

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker Jul 2015

Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker

Natural Resources Journal

No abstract provided.


Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James Jul 2015

Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James

Natural Resources Journal

No abstract provided.


Front Matter, Natural Resources Journal Jul 2015

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith Jul 2015

Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith

Natural Resources Journal

No abstract provided.


Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore Apr 2015

Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore

Publications

Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …


Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law Apr 2015

Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Front Matter, Natural Resources Journal Jan 2015

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Acknowledgment Of Supporters, Utton Center, University Of New Mexico - School Of Law Jan 2015

Acknowledgment Of Supporters, Utton Center, University Of New Mexico - School Of Law

Water Matters!

List of supporters.


On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie Jul 2014

On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie

Natural Resources Journal

In the midst of the hydraulic fracturing revolution, elected officials in Mora County, New Mexico recently banned all oil and gas production within the county. But the officials went even further, stripping corporations of constitutional rights and declaring the constitutions of the United States and the state of New Mexico illegal if interpreted as inconsistent with the ordinance. Why would a small rural county like Mora with no oil and gas operations to speak of adopt such an extreme ordinance? This article applies economics, political choice, and localism theories to argue that Mora County’s decision may be at least partly …


Hydraulic Fracturing: If Fractures Cross Property Lines, Is There An Actionable Subsurface Trespass, Keith B. Hall Jul 2014

Hydraulic Fracturing: If Fractures Cross Property Lines, Is There An Actionable Subsurface Trespass, Keith B. Hall

Natural Resources Journal

The law recognizes trespass liability for subsurface intrusions, at least in some circumstances. Further, courts sometimes have stated that ownership of land extends to the earth’s center. But such statements are dicta. Few courts have carefully considered the maximum extent of subsurface ownership or subsurface trespass liability. Courts in two jurisdictions have recently addressed whether a person incurs liability when he causes hydraulic fracturing fluid to intrude into the subsurface of a neighbor’s land, but the courts reached opposite conclusions, with each suggesting that public policy supported its position. Neither adequately examined the legal issues. Careful consideration of trespass concepts …


Can The United States Control Its Natural Gas: International Trade Implications Of Restrictions On Liquefied Natural Gas Exports, Adam Eldean Jul 2014

Can The United States Control Its Natural Gas: International Trade Implications Of Restrictions On Liquefied Natural Gas Exports, Adam Eldean

Natural Resources Journal

This article examines the cross-section between energy, environmental, and international law while exploring the recent developments of liquefied natural gas (LNG) exports to non-free trade agreement countries, and considers how international free trade agreements affect efforts to restrict or limit exports of LNG. The article discusses the environmental and economic impacts of large-scale exports of LNG, but argues that efforts to stifle LNG exports will ultimately fail regardless of potential negative impacts due to conflict with existing international trade agreements, including the General Agreement on Tariffs and Trade and the North American Free Trade Agreement. Since approval of export licenses …


Front Matter, Natural Resources Journal Jul 2014

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


A Regulatory Comparison Of Hydraulic Fracturing Fluid Disclosure Regimes In The United States, Canada, And Australia, Allan Ingelson, Tina Hunter Jul 2014

A Regulatory Comparison Of Hydraulic Fracturing Fluid Disclosure Regimes In The United States, Canada, And Australia, Allan Ingelson, Tina Hunter

Natural Resources Journal

Numerous state, provincial, and federal governments in the United States, Canada, and Australia have created guidelines, legislation, and/or regulations (or are in the process of doing so) in response to public concerns about water contamination from hydraulic fracturing. This article will compare and analyze three national regimes in the leading states and provinces in which laws have been amended, proposed, or adopted to address public concerns about the chemicals and additives in hydraulic fracturing fluids used to produce unconventional hydrocarbons. New regulations, recent legislative amendments, and, in some cases, new statutes have been proposed or adopted in the past few …


Goal-Oriented Disclosure Design For Shale Oil And Gas Development, Kate Konschnik Jul 2014

Goal-Oriented Disclosure Design For Shale Oil And Gas Development, Kate Konschnik

Natural Resources Journal

States have acted quickly to respond to the public’s demand for information on the chemicals used in hydraulic fracturing. Proponents of these disclosure requirements have relied on a number of policy rationales. However, the resulting disclosure systems may not be achieving stated goals. Ineffective disclosure requirements risk undermining public confidence in the disclosure process and waste an important opportunity to put these disclosures to work. This article suggests using a Goal-Oriented Disclosure Design approach to HFC disclosure, built around the goals for disclosure, the information end users need to target in pursuit of each goal, and the feedback loops those …


Assessing The Scope Of The National Environmental Policy Act: Recent Attempts By Environmentalists To Add Climate Change Considerations Into Nepa Review, Maureen O'Dea Brill Jul 2014

Assessing The Scope Of The National Environmental Policy Act: Recent Attempts By Environmentalists To Add Climate Change Considerations Into Nepa Review, Maureen O'Dea Brill

Natural Resources Journal

As the United States continues its roaring ramp up as the world’s leading natural gas producer, the environmental community is trying to force the federal government to account for the aggregate impact of domestic natural gas production from shale, especially in the context of climate change. To achieve this goal, environmental organizations have sought to employ the National Environmental Policy Act (NEPA), a law aimed at increasing government awareness of the broader environmental consequences of federal action. This article explores the two ways in which environmental organizations have tried to expand federal environmental reviews to include climate change considerations under …


Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison May 2014

Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison

Publications

Water resource systems often contain numerous components that are intertwined or even contradictory, such as power production, water delivery, recreation, and environmental needs. This complexity makes it difficult to holistically assess management alternatives. In addition, hydro climatic and ecological uncertainties complicate efforts to evaluate the impacts of management scenarios. We need new tools that are able to inform managers and researchers of the tradeoffs or consequences associated with flow alternatives, while also explicitly incorporating sources of uncertainty. My research addresses this limitation using two modeling approaches: stochastic system dynamics modeling and Bayesian network modeling. I developed a stochastic system dynamics …


The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig May 2014

The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig

Publications

It is time to move past the concept of sustainability. The realities of the Anthropocene warrant this conclusion. They include unprecedented and irreversible rates of human-induced biodiversity loss, exponential increases in per-capita resource consumption, and global climate change. These factors combine to create an increasing likelihood of rapid, nonlinear, social and ecological regime changes. The recent failure of the Rio +20 provides an opportunity to collectively reexamine--and ultimately move past--the concept of sustainability as an environmental goal. We must face the impossibility of defining--let alone pursuing--a goal of "sustainability" in a world characterized by such extreme complexity, radical uncertainty and …


The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig May 2014

The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig

Publications

No abstract provided.