Natural Resources Law Commons^™

Editor's Note, Jacqueline Niba

Sustainable Development Law & Policy

No abstract provided.

Notas A Pie De Página, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

El Crecimiento De La Justicia Ambiental Y De Protección Del Medio Ambiente En El Derecho Internacional: En El Contexto De La Regulación De Petróleo Submarino De La Industria De Ártico, E.A. Barry-Pheby

Sustainable Development Law & Policy

No abstract provided.

Consentimiento Libre, Previo E Informado: Implicaciones Para Las Empresas Transnacionales, Tendai Zvobgo

Sustainable Development Law & Policy

No abstract provided.

Financiamiento Musulmán Como Un Mecanismo Para Reforzar La Seguridad Alimentaria En El Medio Oriente: Seguridad Alimentaria Waqf, Hdeel Abdelhady

Sustainable Development Law & Policy

No abstract provided.

El Débil Proceso De Planificatión Frustra La Protección De La Amenazda Línea Costera De Puerto Rico, Mark Borak

Sustainable Development Law & Policy

No abstract provided.

Una Norma Legal Por La Reforma Agraria Poscolonial, Amelia Chizwala Peterson

Sustainable Development Law & Policy

No abstract provided.

Colaboración Y La Ecologia De La Democracia, Daniel Kemmis, Matthew Mckinney

Sustainable Development Law & Policy

No abstract provided.

Crisis Del Agua En La Cuenca De Murray-Darling: Australia Intenta Equilibrar La Necesidad Agricola Con La Realidad Ambiental, Joshua Axelrod

Sustainable Development Law & Policy

No abstract provided.

Los Recursos Naturales De Alto Valor: ¿Una Bendición O Una Maldición Para La Paz?, Päivi Lujala, Siri Aas Rustad

Sustainable Development Law & Policy

No abstract provided.

Dejarles En Bancarrota A Los Saqueadores De Paz: ¿Cuál Es El Rol De Las Fuerzas De Paz De La Onu?, Philippe Le Billon

Sustainable Development Law & Policy

No abstract provided.

Nota Del Los Editores, Veronica Kennedy, Jocelyn Rivera

Sustainable Development Law & Policy

No abstract provided.

Faculty Profiles, David Newman

Sustainable Development Law & Policy

No abstract provided.

Coral Reefs In The Philippines, Maggie Parks

Sustainable Development Law & Policy

No abstract provided.

Practitioner's Corner: Ken Markowitz On Serving As An Environmental Advocate, Kimberly Righter

Sustainable Development Law & Policy

No abstract provided.

2001 Supreme Court Redux, Mary Stevens

Sustainable Development Law & Policy

No abstract provided.

Next Verse, Same As The First: Inadequacies In The Government's Legal Approach Toward Biotechnology, Kimberly Righter

Sustainable Development Law & Policy

No abstract provided.

Implementing Kyoto, Glenn Wiser

Sustainable Development Law & Policy

No abstract provided.

Groundwater Management In The Borderlands Of Mexico And Texas: The Beauty Of The Unknown, The Negligence Of The Present, And The Way Forward, Rosario Sanchez, Gabriel Eckstein

Faculty Scholarship

Over the last decade, transboundary aquifers traversing the Mexico‐Texas border have generated growing interest of federal institutions on the Mexico side and state and federal institutions on the Texas side. Notwithstanding this, binational efforts to understand, assess, and manage shared groundwater resources remain limited and politically sensitive. On the Mexico side, long‐standing centralized groundwater governance structures have created institutional barriers at the local level to the expansion of knowledge and cooperation over these transboundary resources. On the Texas side, property rights related to groundwater resources limit the scope of options available for cooperative management of cross‐border aquifers. This paper examines …

The Wild And Scenic Rivers Act At 50: Overlooked Watershed Protection, Michael C. Blumm, Max M. Yoklic

Michigan Journal of Environmental & Administrative Law

The Wild and Scenic Rivers Act (WSRA) marked its fiftieth anniversary in 2018 without much fanfare. The WSRA has been somewhat overshadowed by the Wilderness Act, which preceded it by four years, and by the National Environmental Policy Act and the pollution control statutes which followed in the 1970s. But the WSRA was a significant conservation achievement, has now extended its protections to over 200 rivers, and has the potential to provide watershed protection to many more in the future. This article explains the statute and its implementation over the last half-century as well as a number of challenges to …

Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?, Alizabeth Bronsdon

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral argument in this matter on Monday, February 24, 2020, at 10 a.m. in the Supreme Court Building in Washington, D.C. Anthony Yang, Assistant to the Solicitor General, will likely argue for the United States. In a divided oral argument, Paul D. Clement will likely appear for Atlantic Coast Pipeline, LLC, the petitioner in consolidated case No. 18-1587, Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association. Michael K. Kellogg will likely appear for the Respondents.

Subsurface Tension: The Conflicting Laws Of Texas And New Mexico Over Shared Groundwater And New Mexico’S Desire For Regulation, Kameron B. Smith

Texas A&M Law Review

A recent oil boom in Southern New Mexico has resulted in increased hydraulic fracturing operations in the region and, as a result, a steady and reliable supply of water to fuel such operations is required. As New Mexico regulations make it difficult to acquire a steady supply of water within the state, oil and natural gas producers are turning to unregulated areas in Texas, which permit unlimited pumping of groundwater. However, this groundwater is being pumped from the Pecos Valley aquifer, which is the same source of water that New Mexico is regulating within its borders. This issue is only …

Montana Environmental Information Center V. Department Of Environmental Quality, Anthony P. Reed

Public Land & Resources Law Review

The DEQ renewed a 1999 MPDES Permit on September 14, 2012 that allowed Western Energy Company to discharge pollutants from the Rosebud Mine into streams. Environmental groups MEIC and the Sierra Club sued, arguing this violated both the Montana Water Quality Act and federal Clean Water Act because the DEQ’s interpretation of its own regulations that exempted waters with ephemeral characteristics from water quality standards was arbitrary and capricious. The district court agreed, but the Montana Supreme Court reversed. It held the DEQ’s interpretation was lawful and remanded for further fact finding to assess how the DEQ applied the interpretation …

Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination, Frederick A. Mcdonald

Pace Environmental Law Review

Over the past few decades, studies addressing the harms of PFAS have gradually progressed, and now scientists believe increased exposure could lead to reproductive defects and a higher risk of cancer. Given the amplified concern surrounding these pervasive chemicals, states are proactively filing lawsuits on behalf of their citizens and enacting legislation to combat this nation-wide contamination epidemic. However, given the 2016 Amendment to the Toxic Substances Control Act of 1976, states looking to regulate the manufacturing or looking to ratify a state- wide ban on the manufacturing of such chemicals may face preemption under actions taken by the United …

Northern Plains Resource Council V. United States Army Corps Of Engineers, Liz M. Forster

Public Land & Resources Law Review

Environmental activist and indigenous rights groups have challenged the validity of the Keystone XL Pipeline since its initial approval in 2010. In April 2020, less than a month after crews broke ground, the opposing groups notched a major win when the United States District Court for the District of Montana revoked a key permit for the project on the grounds that the United States Army Corps of Engineers had inadequately assessed the pipeline’s impact on endangered species.

Acknowledgement, Melanie Mcnett, Julia Shaver

Natural Resources Journal

No abstract provided.

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Plugging Problems: How States In The Ohio River Basin Can Address Orphan Oil And Gas Wells, Connor Hicks

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

The Fragile Future Of Aquifer Storage And Recovery, Zachary A. Bray

Law Faculty Scholarly Articles

Buda, Texas-a small town that lies between Austin and San Antonio,

on the banks of Onion Creek and above the Edwards Aquifer-is perhaps

best known, though it is not particularly well known, as the "Wiener Dog

Capital of Texas." Buda's claim to this title is based upon its annual

dachshund races, which are opposed by the Dachshund Club of America

but lauded by locals, tourists, and the international press as an "event that

combines the pageantry of the Kentucky Derby and the excitement of

NASCAR with dachshunds, animals known for their small stature." Buda

is certainly unusual in relying so …