Natural Resources Law Commons^™

Slides: Food Production: Technical Challenges In Agricultural Water Conservation, Perry Cabot

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Dr. Perry Cabot, Research Scientist and Extension Specialist, Colorado Water Institute, Colorado State University

35 slides

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.

Slides: Six Decades Of Texas Water Planning, Ronald Kaiser

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Ronald Kaiser, Professor of Water Law and Policy, Chair of Graduate Water Degree Program, Texas A&M University

32 slides

Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Michael Cohen, Senior Research Associate, Pacific Institute

29 slides

Slides: Moffat Collection System Project, Travis Bray

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water

45 slides

Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO

25 slides

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

Publications

No abstract provided.

Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. Mcdonald

Penn State Journal of Law & International Affairs (2012 - Present)

Food security remains an urgent problem affecting the national security and interests of states, as well as the human security of people and communities around the world. This article examines the changing landscape of food security threats and vulnerabilities by examining three sets of concerns that are converging to amplify, disrupt, and transform food relations: nutrition, food safety, and global environmental change. Ensuring food security will require utilization of a range of capabilities from the state, private, and non-state sectors to confront world food problems and build a sustainable and resilient world food network.

World Poverty And Food Insecurity, Carmen G. Gonzalez

Penn State Journal of Law & International Affairs (2012 - Present)

The article draws upon the insights of Yale philosopher Thomas Pogge to suggest a way that we might think about the structural inequities in the global economic order that produce food insecurity. The article argues that chronic undernourishment is not a function of food scarcity, bad weather, or simply bad luck. Rather, it is a function of international political and economic arrangements that systematically benefit the wealthy at the expense of the poor. The article concludes with several legal and policy reforms that the United States and the European Union can adopt to reduce the burdens that our societies place …

The Future Of Food Assistance: Opportunities And Challenges, Erin Lentz

Penn State Journal of Law & International Affairs (2012 - Present)

The past decade has seen a radical remaking of direct food security interventions and an expanded understanding of preventing undernutrition. Today, there are more food assistance choices; researchers have identified the first 1000 days as a critical window for life-long cognitive development and health outcomes; and our understanding of the value of more tailored, nutritionally-specific interventions has expanded. The opportunities resulting from these findings can generate more effective food assistance programs. However, benefits from these findings will only be achieved if policymakers and practitioners clarify and prioritize among objectives and seek ways to build greater programming flexibility into the current …

The World Trade Organization Agreement On Agriculture And World Food Security, David Blandford

Penn State Journal of Law & International Affairs (2012 - Present)

This article discusses the nature of food insecurity in poor countries, its causes, and how these can be addressed. Disciplines are imposed on domestic agricultural policies through World Trade Organization (WTO) agreements, in particular the Agreement on Agriculture (AoA), resulting from the Uruguay Round negotiations that were completed in 1994. The AoA provides considerable flexibility for countries to pursue a range of economically efficient policies aimed at food security objectives. However, it limits the use of some policy measures, such as price supports and input subsidies, that can be costly and inefficient, and also has negative environmental consequences. There is …

Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan

Penn State Journal of Law & International Affairs (2012 - Present)

Recent global food price volatility combined with the growing use of agricultural land to produce biofuels has sparked a global scramble for land, with Sub-Saharan African countries serving as the main targets for investors. Derided as “land-grabbing” by those opposed to the practice, the phenomenon of large-scale acquisition of farmland by governments and private investors sparked a global debate since the global food crisis of 2008. Although international investment in agriculture plays a vital role in development and poverty reduction, large scale international investment poses some serious risks to both communities and international investors. Because there are no signs of …

Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada, Nathaniel L. Foote

Penn State Journal of Law & International Affairs (2012 - Present)

Pennsylvania has struggled with rapid expansion in the state's unconventional oil and gas sector with the development of the Marcellus Shale formation. Likewise, Alberta, Canada has experienced similar growth. Yet Pennsylvania and Alberta's approaches to local land use and resource extraction differ considerably. This paper discusses each region's experience with oil and gas development, and contrasts their approaches to land use regulation in this context. The paper concludes that the Canadians' approach holds important lessons for Pennsylvania.

Foreword, Scott P. Stedjan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Geopolitics Of Resource Scarcity, Kent Hughes Butts

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict, Michael T. Klare

Penn State Journal of Law & International Affairs (2012 - Present)

Energy security and geopolitics have played a pivotal role in international affairs for a very long time, ever since the development of oil-powered vehicles and weapons of war. Until recently, the geopolitics of energy have largely been governed by perceptions of scarcity—the assumption that oil and other energy reserves were relatively limited, and that competition over their exploitation would lead to recurring crisis and conflict. However, the recent utilization of advanced extractive technologies—including deep-sea drilling and hydraulic fracturing—have resulted in unexpected production gains and fostered a sense that abundance, rather than scarcity, will govern the future energy picture. …

U.S. Aid To Agriculture: Shifting Focus From Production To Sustainable Food Security, Marc J. Cohen

Penn State Journal of Law & International Affairs (2012 - Present)

Since the 1960s, agriculture has waxed and waned as a key theme of U.S. international development assistance. In the 1970s, the United States and other donors focused on “growing the pile of food” through the use of high-yielding cereal grain varieties, mineral fertilizer, and synthetic pesticides in developing countries—the Green Revolution. This led to huge productivity increases and lower food prices in Asia and Latin America. But donors paid less attention to questions of equity, environmental sustainability, and gender equality. Due to increased food availability at lower prices, the United States and other donors reduced their focus on aid to …

Global Hunger And The World Trade Organization: How The International Trade Rules Address Food Security, Terence P. Stewart, Stephanie Manaker Bell

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group

Books, Reports, and Studies

40 pages (includes color illustrations).

Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa

Faculty Publications

Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington DC. Between now and election day 2016, an additional 14 states may place marijuana legalization initiatives on their ballots. In addition, 23 states and Washington DC have legalized medical marijuana, with up to seven states pending legislation. The era of marijuana prohibition is rapidly coming to a close.

At the same time, traditional doctrines of water law are struggling to cope with the modern realities of water scarcity. …

Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …

Outcome Report Of Roundtable On Human Rights Impact Assessments (Hrias) Of Large-Scale Foreign Investments, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

CCSI, the Sciences Po Law School Clinic, and the Columbia Law School Human Rights Institute recently published an outcome document of a one-day roundtable focused on the opportunities and challenges presented by human rights impact assessments (HRIAs) of large-scale foreign investments. The roundtable, which was held in April 2014 at Columbia University, provided an opportunity for collaborative reflection on the development of HRIAs, as well as on ways to enhance HRIAs as a framework and tool for both human rights advocacy and human rights risk management in respect of foreign investments.

By sharing the outcomes of the roundtable, this document …

Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In November 2014, CCSI and the Institute for Human Rights and Business co-convened a colloquium on policy, law, contracts, and sustainable development, with a particular focus on large-scale investments in the extractive industries and the agriculture sector. The colloquium provided an opportunity for practitioners to share information on their related work, as well as to reflect on current practices and remaining gaps regarding efforts to embed sustainability and human rights into large-scale deals. This outcome document provides a summary of the discussion, while its annex includes information on participants’ relevant programs, initiatives, and tools.

Outcome Report Of Roundtable On Governing Natural Resources, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In November 2014, CCSI convened a one-day roundtable focused on lessons learned from good governance initiatives for extractive industry investments and large land-based agricultural investments. The roundtable brought together a range of stakeholders working on extractive industry investments and/or land-based forestry and agricultural investments, including representatives from civil society, government, academia, and the private sector. CCSI has published an outcome note from this roundtable.

Key structural differences between the extractive industries and the forestry and agriculture sectors mean that not all lessons learned from good governance initiatives related to extractives investments or land-based agricultural investments are transferrable. However, large-scale extractive …

Toward Win-Win Sustainable Development, Linda Moon

Columbia Center on Sustainable Investment Staff Publications

An interview with Lisa Sachs, Director of the Columbia Center on Sustainable Investment.

Beef Products, Inc. V. Abc News: (Pink) Slimy Enough To Determine The Constitutionality Of Agricultural Disparagement Laws?, Nicole C. Sasaki

Pace Environmental Law Review

This Comment analyzes the likelihood of whether BPI’s case against ABC News will be decided on the merits, whether South Dakota’s agricultural disparagement statute will be upheld as constitutional, and thus the likelihood that other states’ statutes will be struck down, thereby preserving the public’s freedom to question and criticize the safety of our food system. First, Part I offers a brief introduction to agricultural disparagement laws, their historical application, and BPI’s pending lawsuit. Next, Part II reviews the context of the enactment of agricultural disparagement laws, summarizes the common elements of these laws, and discusses Texas Beef Group v. …

Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann

Pace Environmental Law Review

This article first explains the background and functions of undercover investigations of agricultural production facilities, and explains the bases upon which states pass laws intended to prevent these investigations. It then gives a background of research already conducted on the constitutionality of Ag-Gag laws, and examines the relevance of the Supreme Court case Alvarez. Based on the analysis provided in Alvarez, the article demonstrates that Ag-Gag laws would not be exempt from heightened First Amendment scrutiny as fraud statutes. Moreover, it demonstrates that, in particular, the Iowa and Utah Ag-Gag laws would not survive the heightened scrutiny outlined in Alvarez.

Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett

Pace Environmental Law Review

Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal …