Natural Resources Law Commons^™

Resource Law Notes Newsletter, No. 45, Winter Issue, 1999, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

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

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b236740~S0

Contents: Introduction : Living in a land of limited water -- PART 1. THE LOWER ARKANSAS VALLEY : AFTER THE WATER IS GONE: Colorado's Arkansas River -- Watering and cultivating the prairie -- Stretching a limited water supply -- Irrigation water for sale? -- A hostile takeover? -- Looking ahead -- PART 2. THE GRAND VALLEY, COLORADO : WHERE FRUIT, FISH, AND GROWTH COLLIDE: Growing peaches in …

Fire On The Plateau: Conflict And Endurance In The American Southwest, Charles F. Wilkinson

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b235993~S0

Contents: Introduction : The Colorado Plateau -- PART ONE : BEDROCK: Route 66 -- Mexican hat -- Deseret -- Coyote -- Vishnu -- PART TWO : CONFLICTS AND CONQUESTS: Kykotsmovi -- Jack -- Uintah -- Phoenix -- Rosa -- Cretaceous -- Junction Dam -- PART THREE : ENDURANCE: Cedar Mesa Canyon -- Black Mesa -- Kachina -- Druid Arch -- Mount Blanca -- Afterword

The Current Global Environment Outlook: How Is Industry Doing In Meeting The Rio Declaration Goals, 32 J. Marshall L. Rev. 289 (1999), Helene Genot, Dan Tarlock, Dixie Lee Laswell

UIC Law Review

No abstract provided.

Gwaltney Of Smithfield Revisited, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article returns to the earlier Gwaltney decision, looking both to the text of the Gwaltney opinion, and to internal memoranda demonstrating the debate which occurred among the justices themselves over the nature of the beast with which they were dealing: a confusing mixture of subject matter jurisdiction, substantive cause of action and constitutionally based standing requirements. This review leads to the conclusion that the opinion's lack of analytical clarity, which created substantial confusion for courts and litigants, could have been avoided by a more carefully reasoned work based on the Court's internal discussions. Further, the Court's decision in Steel …

Don’T Fence Me In -- Appllication Of The Unlawful Inclosures Of Public Lands Act To Benefit Wildlife, Chandra Rosenthal, Kara Gillon

Animal Law Review

The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land seres more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlaujul Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southnwestern United States.

Examining The Viability Of Another Lord Of Yesterday: Open Range Laws And Livestock Dominnance In The Modern West, Coby Dolan

Animal Law Review

In this comment, the author explores the development of open range laws in Oregon and other western states and argues such laws should be abolished or drastically amended. Common law requires ranchers to fence livestock in or face liability for damages caused by strays. Hvever, historical customs and practices of Western states were shaped by vast open lands and sparce populations, leading to open range customs which required a landowner to fence "out" livestock to protect their property. This comment focuses on the case of Dr. Patrick Shipsey, an Oregon landowner convicted of shooting cattle that wandered onto his land. …

In Memoriam: Albert E. Utton, Natural Resources Journal

Natural Resources Journal

No abstract provided.

The Emergence Of Integrated Coastal And Ocean Management In Canada's Oceans Act: Challenges Of Integrating Fragmented Resource Sectors In Georges Bank, Nova Scotia And Hecate Strait, British Columbia, Gloria Chao

LLM Theses

For a good part of the last fifty years, Canadian oceans governance has consisted of single-sectoral and multi-jurisdictional regulation of oceans uses. This fragmented governance régime has proven ill-equipped to address multisectoral resource use conflicts, which necessitate the integration of various interdependent sea use relationships. As early as the 1970s, international fora and documents began developing the notion of integrated coastal and ocean management [hereinafter ICOM] as an approach to international and national oceans governance in order to address sea use conflicts. Canada's adoption of ICOM as a national approach was a slow process. It was only in 1996, with …

Geophysical "Trespass" Revisited, Owen L. Anderson

Faculty Articles

No abstract provided.

Intermediate Sanctions: Controlling The Tax-Exempt Organization Manager, Alex Ritchie

Faculty Scholarship

On August 4, 1988, the Department of the Treasury issued proposed intermediate sanctions regulations that allow the Internal Revenue Service to impose significant excise taxes on executives of tax-exempt organizations who receive compensation in excess of reasonable compensation or in excess of amounts that would ordinarily be paid for like services by like enterprises. Exempt organization theory holds that government provides a tax exemption to further social goals, but those goals are frustrated when management has conflicting incentives. In a for-profit entity, management and firm owners have conflicting goals when control is separated from ownership, but in a tax-exempt entity, …

The Use And Abuse Of Trade Leverage To Protect The Global Commons: What We Can Learn From The Tuna-Dolphin Conflict, Richard Parker

Faculty Articles and Papers

No abstract provided.

Utah's Grand Staircase: The Right Path To Wilderness Preservation?, James R. Rasband

Faculty Scholarship

No abstract provided.

Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson

American Indian Law Review

No abstract provided.

Managing State Trust Lands For Ecosystem Health: The Case Of Washington State's Range And Agricultural Lands, Gregory A. Hicks

Articles

The protection of ecosystem health and wildlife habitat on state trust lands has received increasing attention in public lands literature. This article is meant to contribute to that discussion. It is focused on recently adopted land management policies in Washington state which are intended to restore ecosystem health and wildlife habitat on the 1.1 million acres of range and agricultural trust lands in the upland interior of the state's Columbia Plain. The lands in question are lands originally granted to Washington at statehood by the federal government for the support of the common schools and other public institutions. Those lands …

Remarks To The Board Of Trustees Of The Natural Resources Defense Council, David Schoenbrod

Cardozo Law Review

No abstract provided.

Possible Solutions: Policy Tools To Achieve Flexibility To Meet New Conditions, Preliminary Thoughts For Coping With Future Droughts, Maria O'Brien

Faculty Scholarship

The following comments are premised on the author's experience with the Middle Rio Grande Conservancy District (Conservancy) in New Mexico and its endeavor to implement a water banking system. Background information about the Conservancy is helpful for an understanding of its efforts at water banking.

Shortage And Tension On The Upper Rio Grande: Protecting Endangered Species During Times Of Drought, Comments From The Perspective Of The Middle Rio Grande Conservancy District, Maria O'Brien

Faculty Scholarship

Looking back at the drought of 1996 and at the efforts to protect endangered species in the midst of the drought, the most glaring fact remains that the water managers and users of the Rio Grande were in crisis management. In fact, despite some efforts, if the drought had manifested with equal or greater intensity in 1997, we would have remained in crisis management. Hence, as we move forward and examine lessons learned, the most vital premise we must return to is the imperative for balance as we undertake the precarious task of allocating water to protect endangered species, serve …

The Benefits And Risks Of Going It Alone, Michael B. Gerrard

Faculty Scholarship

Brownfield projects are essentially real estate developments with a twist, and the old real estate adage certainly applies: "Location, location, location." But if time is the fourth dimension, then time is also the fourth element in a successful brownfield project – preferably, spending as little of it as possible.

The timing of standard governmental cleanup processes is simply incompatible with many kinds of real estate projects. Forget about cleanups of National Priorities List (NPL) sites under the U.S. Environmental Protection Agency's National Contingency Plan (NCP); those take on average almost twenty years to complete. But even many state voluntary cleanup …

Petition For Writ Of Certiorari - Washington V. United States, Puget Sound Shellfish Growers V. United States, Alexander V. United States, 26 Tideland And Upland Private Property Owners V. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Petition For Writ Of Certiorari - Washington V. United States, Puget Sound Shellfish Growers V. United States, Alexander V. United States, 26 Tideland And Upland Private Property Owners V. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Appendix To Petitions For A Writ Of Certiorari - Washington V. United States, Puget Sound Shellfish Growers V. United States, Alexander V. United States, 26 Tideland And Upland Private Property Owners V. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Petition For Writ Of Certiorari - Washington V. United States, Puget Sound Shellfish Growers V. United States, Alexander V. United States, 26 Tideland And Upland Private Property Owners V. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Petition For A Writ Of Certiorari - Washington V. United States, Puget Sound Shellfish Growers V. United States, Alexander V. United States, 26 Tideland And Upland Private Property Owners V. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Appeal No. 0632: Barclay Petroleum, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-153

Appeal No. 0653: Marlin & Lowell Henthorn V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 98-56

Appeal No. 0652: Diane Bakaris V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 98-45 (Everflow Eastern)

Using Public Nuisance Law To Protect Wildlife, Siobhan O'Keeffe

Buffalo Environmental Law Journal

No abstract provided.

United Water New Mexico, Inc. V. New Mexico Public Utility Commission: Why Rules Governing The Condemnation And Municipalization Of Water Utilities May Not Apply To Electric Utilities, Thomas Smidt Iii

Natural Resources Journal

No abstract provided.

Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver

Cornell Law Faculty Publications

The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the costs of proposed remedies have hampered the formation of a consensus regarding the best course of action. The principles of tort law provide a useful means of analyzing the problem of climate change, particularly the issue of who should bear the costs associated with its effects. The two major goals of tort law (reducing the costs of accidents and corrective justice) both point towards the appropriateness of placing the costs of climate change on …