Natural Resources Law Commons^™

Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding

UIC Law Review

No abstract provided.

Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock

Natural Resources Journal

No abstract provided.

Adaptive Management In The Courts, Robert L. Fischman, J. B. Ruhl

Articles by Maurer Faculty

Adaptive management has become the tonic of natural resources policy. With its core idea of “learning while doing,” adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in everything from mundane agency permits to grand presidential proclamations. Indeed, it is no exaggeration to suggest that these days adaptive management is natural resources policy. But is it working? Does appending “adaptive” in front of “management” somehow make natural resources policy, which has always been about balancing competing claims to nature’s bounty, something more and better? Many legal and policy scholars have asked that question, with …

Resistance, “Revolution,” And Reassessment 1981 - 1997, Richard J. Finkmoore

Faculty Scholarship

No abstract provided.

Ahistorical Indians And Reservation Resources, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power

Faculty Scholarship

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …

Foundations: The Public Domain And Natural Resources Law 1785 - 1960, Richard J. Finkmoore

Faculty Scholarship

No abstract provided.

Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz

All Maxine Goodman Levin School of Urban Affairs Publications

In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that Massachusetts was entitled to "special solicitude" in the standing analysis because it was sovereign. As a result, Massachusetts passed the standing threshold in a global warming case where an ordinary litigant may have been stymied. The Supreme Court’s analysis raises an interesting question: Are Indian tribes—which have been considered sovereign entities since before the founding, and which hold lands facing heavy environmental pressure—entitled to "special solicitude" as well? We think they should be.

To make this argument, we begin by discussing standing basics; dissecting Massachusetts v. …

A New Governance Approach To Designing An Effective Arrangement For The Sustainable Management Of Renewable Marine Resources In The Eastern Caribbean States, Kerith Tristan Kentish

LLM Theses

The study's main purpose is to propose a governance framework that meets the priority of sustainable development for the regulation of offshore renewable resources in the OECS region. The study develops an analytical framework for evaluating the recently adopted Round 3 model of governance for the regulation of offshore wind and other marine activities in the United Kingdom. The focus is on the licensing procedures applicable to offshore wind development. Thereafter, the study examines the appropriateness of the application of the Round 3 model to the regulation of marine renewables in the OECS, and makes recommendations in that regard. Additionally, …

Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams

Journal Publications

In the United States water law is a subset of property law that controls the use and allocation of the water resource. Water law was, and remains, state law; nothing in the Constitution purports to change that. The scope of federal sovereignty at the time of nationhood did not include even the possibility of playing a major role in regulating resources because the national government was not a significant landholder. The twentieth century changed water federalism dramatically. In the twentieth century, even while laws and rhetoric respected the division of authority favoring the states, the real power over water in …

Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd

Publications

The 2009 United Nations climate conference in Copenhagen has been widely viewed as a failure -a referendum in the eyes of many on the top-down, comprehensive approach to climate governance embodied in the Kyoto Protocol and carried forward in efforts to negotiate a successor regime. Despite a modest agreement on future work toward a new agreement, the most recent climate meeting in Cancún, Mexico reinforces this view, underscoring the conclusion that Copenhagen represents an important inflection point for international climate policy. Although much of the post-Copenhagen commentary has correctly identified various problems, even fatal flaws, with the process, very little …

Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate

Journal Publications

Reducing emissions from deforestation and degradation (REDD) has emerged as an important albeit controversial, component of negotiations for a new international climate change regime to succeed the Kyoto Protocol when it expires in 2012 Not permitted under the terms of the Kyoto Protocol, REDD involves paying developing countries to protect their tropical forests as a climate change mitigation strategy REDD gained widespread attention by 2005 and took center stage in the months preceding the negotiation of the Copenhagen Accord in December 2009. After more than a decade of nonparticipation in international climate change compliance efforts, the United States has signed …

Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall

Journal Publications

Climate change driven by greenhouse gas emissions is substantially altering water availability while increasing water demand. Shifts in domestic energy policy and production, while needed to confront the challenge of climate change, may further stress the nation's water resources. These changes and new demands will be most severe in regions that are already experiencing water stresses and conflicts. This article examines the extent of the changes in water supply and demand by assessing how water conflicts will be addressed in the four overarching water use categories: water for population security, water for ecological security, water for energy security, and water …

Investment In Water And Wastewater Infrastructure: An Environmental Justice Challenge, A Governance Solution, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

This article evaluates the impact of the growing presence of privatized water and wastewater infrastructure projects in some of the world’s most populous countries: China, India, the United States, Brazil, and Nigeria. Together, these nations account for nearly 50 percent of the world’s population. The article discusses environmental justice issues associated with contaminated drinking water and insufficient sanitation and explores the role that public versus private ownership of water infrastructure plays in ensuring access to clean water for the lower-income echelons of society. It articulates the importance of the rule of law and sound environmental governance in this arena and …

Land Use And Water Supply, Susan Kelly, Joanne Hilton

Water Matters!

As New Mexico grows and develops, there is a continuing increase in water demand and the need to provide additional supplies. Recent studies estimate the current population of the State to be about two million people, and the population is expected to grow to approximately 3,400,000 by 2050. Regional water plans project water demands for 16 regions within New Mexico. The total projected new water use associated with population growth—the public water supply and associated commercial sectors, exclusive of agriculture, mining, or other industries—ranges from 280,000 to 380,000 acre-feet per year of new water supply needed in the next 40 …

Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall

University of Colorado Law Review

Renewable energy credits ("RECs")--commodities representing a megawatt-hour of renewable electricity but tradable separately from the electricity itself-developed to encourage renewable energy investment and to allow individuals and corporations without direct access to renewable energy to subsidize its construction. RECs can be sold voluntarily or applied to state-imposed renewable energy purchase obligations. These state mandates, known as renewable portfolio standards, have contributed dramatically to the demand for RECs. Yet, despite their popularity, RECs are regulated inconsistently: neither federal nor state consumer protection law fully mitigates the opportunities they create for deceptive advertising. This Comment critiques the existing regulatory scheme (or lack …

Marine Spatial Planning Is Coming To An Ocean Near You, Robert S. Pomeroy

Wrack Lines

There are too many conflicting uses of the ocean in a time where resources are rapidly dwindling. Marine Spatial Planning is catching on globally, and may soon come to Long Island Sound, but it may be difficult to decide who gets to do what, where.

Contemporary Water Issues, Susan Kelly

Publications

No abstract provided.

Environmental Law, Dana C. Nifosi

University of Richmond Law Review

No abstract provided.

Guest Commentary—Retain Solar Access In Code, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Good news: The Denver City Council is poised to enact the first comprehensive update to the Denver zoning code in 53 years. This new code could put Denver in the forefront as a progressive planning city and could serve as a blueprint for communities throughout the nation. Bad news: While the new code’s context- and form-based approach may improve transportation efficiencies in some parts of the city, in other respects it represents a step backward for sustainability, specifically for solar access.

Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law

World Energy Justice Conference (October 23-24)

The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).

The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law …

Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission

Best Practices for Community and Environmental Protection (October 14)

The first Intermountain BMP Project workshop, sponsored by the Natural Resources Law Center and the Colorado Oil and Gas Conservation Commission, was held in Rifle, Colorado on October 14, 2009 at the Garfield County Fairground for over 170 participants.

Speakers from Federal, state and local governments, the community, industry and environmental consultants, and conservation groups focused presentations and discussion on a greater understanding of what Best Management Practices (BMPs) are appropriate to the western slope of Colorado and how they are integrated into developments.

Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell

Best Practices for Community and Environmental Protection (October 14)

Presenter: Jamie Connell, Northwest Colorado District Manager, U.S. Bureau of Land Management (BLM) Colorado

23 slides

Slides: Disappearing Roads--An Efd Project: An Exploration Into Low Impact And Efficient Gas Field Drilling, Charles Dolan

Best Practices for Community and Environmental Protection (October 14)

Presenter: Rich Haut, Houston Advanced Research Center (HARC), for Dr. Charles Dolan, University of Wyoming, Environmentally Friendly Drilling Program

25 slides

Slides: Energy By Design: Possible Bmp For Mitigation Planning, Dave Gann

Best Practices for Community and Environmental Protection (October 14)

Presenter: Dave Gann, The Nature Conservancy

15 slides

Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative

Best Practices for Community and Environmental Protection (October 14)

Presenter: Brian Kurzel, Colorado Natural Areas Program (CNAP)

27 slides

Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut

Best Practices for Community and Environmental Protection (October 14)

Presenter: Rich Haut, Houston Advanced Research Center

23 slides

Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kyle N. Schildt, P.E., LT Environmental, Inc.

12 slides

Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch

Best Practices for Community and Environmental Protection (October 14)

Presenter: Peggy Utesch, Movin' Forward Consulting

25 slides

Slides: Bmp Project, Kent Kuster

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kent Kuster, Consultation Coordinator, Colorado Department of Public Health and Environment (CDPHE)

17 slides