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Articles 31 - 60 of 333
Full-Text Articles in Water Law
Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter
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
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
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
Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai
Natural Resources Journal
No abstract provided.
Going Down To The Water, John Fleck
Rethinking Water Governance: Moving Beyond Water-Centric Perspectives In A Connected And Changing World, Rob C. De Loë, James J. Patterson
Rethinking Water Governance: Moving Beyond Water-Centric Perspectives In A Connected And Changing World, Rob C. De Loë, James J. Patterson
Natural Resources Journal
From the “water-centric” perspective that is common within the world’s large and diverse water community, water is of central importance, and improving water governance is self-evidently essential. Some water problems can be addressed using watercentric approaches such as watershed management. Unfortunately, evidence is mounting that suggests that many other water problems cannot because their causes and drivers, at scales from local to global, are partly or wholly external to those traditionally considered within the water sector. Water governance in these cases needs to better account for a range of external connections that strongly influence water-related outcomes of concern and contribute …
The Political Cultures Of Irrigation And The Proxy Battles Of Interstate Water Litigation, Burke W. Griggs
The Political Cultures Of Irrigation And The Proxy Battles Of Interstate Water Litigation, Burke W. Griggs
Natural Resources Journal
Groundwater depletion ignores the political boundaries of western states, the legal boundaries of western water codes, and the jurisdictional boundaries of western water federalism. In the wake of the groundwater revolution, it is becoming apparent that certain interstate lawsuits derive essentially from deeper conflicts rooted in the clash between surface-water and groundwater irrigation communities—and their respective political cultures. The interstate divide may be yielding to the hydrological divide. This article attends to that deeper relationship between irrigation agriculture and political culture across the Great Plains. Part I provides a brief history of its surface-water irrigation communities, to compose a recognizable …
Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan
Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan
Natural Resources Journal
Throughout the world water plays a central role in the spirituality of indigenous peoples. Focusing on the American West, this article first describes how tribal water needs touch upon the sacred and then explains how both federal law and state prior appropriation doctrine fail to adequately protect these important sacred views of water. Pivoting away from the classic federal law arguments, the article then advocates for an evolution in state water law regimes to provide yet unrecognized protections for tribal sacred waters. Because international law plays an increasing role in this issue, the article also explores case studies from Ireland, …
California Water Reallocation: Where'd You Get That?, Damian Park
California Water Reallocation: Where'd You Get That?, Damian Park
Natural Resources Journal
When thirsty, Californians often avoid going to the market for more water. Instead, they might borrow some from their rich neighbors, they might sue them or more commonly, they simply take more from users without much of a voice (e.g. the fish or future generations). These alternatives are often superior to using markets. Within markets, a surprising detail emerges – it is uncommon for farmers to fallow fields in order to sell water to another user. Rather, many water transfers are structured so sellers can have their cake and eat it too. While some of these transfers rightly bring about …
Trial And Error: How Courts Have Shaped Prior Appropriation In New Mexico, Matthew G. Reynolds
Trial And Error: How Courts Have Shaped Prior Appropriation In New Mexico, Matthew G. Reynolds
Natural Resources Journal
This systematic review of New Mexico prior appropriation case law from 1883 to the present employs a thematic chronology in four parts spanning approximately three decades each, including the following topics. Part One covers the initial conflict between prior appropriation and riparian common law and early interpretations of the 1907 Water Act. In Part Two, courts contrast the 1907 Act with the old arid region doctrine and justify the integration of groundwater into prior appropriation. Diminishing supplies and increasing usage drive Part Three’s concentration on proceedings to change places of use and points of diversion, at times deferring issues of …
Mythical River: Chasing The Mirage Of New Water In The American Southwest, By Melissa Sevigny, Logan Glasenapp
Mythical River: Chasing The Mirage Of New Water In The American Southwest, By Melissa Sevigny, Logan Glasenapp
Natural Resources Journal
Book Review
Plastic Water: The Social And Material Life Of Bottled Water, By Gay Hawkins, Emily Potter, And Kane Race, James Johnson
Plastic Water: The Social And Material Life Of Bottled Water, By Gay Hawkins, Emily Potter, And Kane Race, James Johnson
Natural Resources Journal
Book Review
Water Is For Fighting Over: And Other Myths About Water In The West, By John Fleck, Selena Sauer
Water Is For Fighting Over: And Other Myths About Water In The West, By John Fleck, Selena Sauer
Natural Resources Journal
Book Review
The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Stefan Carpenter, Elizabeth Baldwin, Daniel H. Cole
The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Stefan Carpenter, Elizabeth Baldwin, Daniel H. Cole
Natural Resources Journal
Formal legal systems comprise a major part, but not the only part, of the “rules of the game” that structure social and socialecological interactions. Throughout the twentieth century, centralization and consolidation of legal authority were dominant themes among many, if not all, legal systems. That process may have been successful in some cases, but in others the presumed economies of scale from consolidation and centralization either did not materialize or were offset by other social costs, including the failure to accommodate local knowledge, expertise, and preferences. In what could become a theme of the twenty-first century, many countries, including developing …
Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes
Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes
Natural Resources Journal
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
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources Journal
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
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
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
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
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.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie
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
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
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
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
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
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
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 …
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.