Water Quality Regulation,
2013
University of New Mexico
Water Quality Regulation, Joanne Hilton, Susan Kelly, James Hogan, Kimberly Kirby, Jerry Schoeppner
Water Matters!
While many of the water issues in New Mexico center around having an adequate supply of water, the quality of the water is just as important as the quantity in supplying water for drinking and other uses that rely on clean water. Protecting water quality is financially more feasible than conducting expensive cleanup programs. New Mexico has a strong interest in water quality regulation to protect public health and the environment and to minimize expenditures for mitigation of contaminated supplies. Water quality is a difficult subject to navigate; there is a complex web of statutes and agency involvement. This paper …
Water Litigation In The Lower Rio Grande,
2013
University of New Mexico - School of Law
Water Litigation In The Lower Rio Grande, Darcy S. Bushnell
Water Matters!
The water allocation issues are hotly contested in south-central New Mexico and the surrounding area. Today, the river and those who depend on it face more administrative challenges in the face of shrinking water supplies and increased population. These challenges have given rise to two ongoing lawsuits: the Lower Rio Grande Adjudication,New Mexico v. EBID, et al., 96-CV-888 (1996) (N.M. v. EBID) in the New Mexico Third Judicial District Court (adjudication court) and the New Mexico v. United States,et al., D.N.M. 11-CV-691 (2011) (N.M. v.U.S.) in United States District Court of New Mexico (U.S. District Court).
Eastern New Mexico Rural Water System (Ute Pipeline Project),
2013
University of New Mexico - School of Law
Eastern New Mexico Rural Water System (Ute Pipeline Project), Jerold Widdison, Paul Van Gulick, Darcy S. Bushnell
Water Matters!
The Ute Pipeline Project (Project), officially known as the Eastern New Mexico Rural Water System (ENMRWS),is a 151-mile-long pipeline project to provide a sustainable municipal and industrial water supply for several eastern New Mexico communities and a military base. The Congress authorized major federal funding for the Ute Pipeline in the Omnibus Public Land Management Act of 2009. This important milestone for the project was reached after about 45 years of effort.Attention now shifts to myriad details involved in actually constructing, financing,and administering the project.
The Rio Grande As An International River,
2013
University of New Mexico
The Rio Grande As An International River, Margaret J. Vick
Water Matters!
The Rio Grande is divided into two major river reaches and has different legal regimes for each. New Mexico is primarily concerned with the Rio Grande from the headwaters in Colorado to Ft. Quitman in Texas, a distance of approximately 670 miles. This section of the river is the subject of the1906 Rio Grande Convention (Treaty) between the United States and Mexico. The lower section of the Rio Grande from Ft. Quitman to the Gulf of Mexico is the subject of the 1944 Rivers Treaty between the United States and Mexico; the 1944 Rivers Treaty also includes the Colorado and …
Equity On The Extended Continental Shelf? How An Obscure Provision In Unclos Provides New Challenges For Ocean Governance,
2013
Schulich School of Law, Dalhousie University
Equity On The Extended Continental Shelf? How An Obscure Provision In Unclos Provides New Challenges For Ocean Governance, Aldo Chircop
Reports & Public Policy Documents
One of the major novelties of the United Nations Convention on the Law of the Sea, 1982 is the legitimizing of coastal State claims to large areas of continental margins in all oceans by virtue of Article 76. In addition to exclusive economic zones (EEZs) of 200 nautical miles, coastal States whose continental margins extend beyond the EEZ limit are able to further claim the seabed and subsoil beyond the EEZ limit to 350 nautical miles from the base lines of the territorial sea or 100 nautical miles from the 2,500 metre isobath. The UN Convention established a procedure for …
Assessing The Equity Implications Of Greenspace Distribution In An Arid Region,
2013
University of Texas at El Paso
Assessing The Equity Implications Of Greenspace Distribution In An Arid Region, Abdelatif Eldeb
Open Access Theses & Dissertations
In the last few decades, vegetation deterioration is receiving increased attention because of its adverse impacts on societal and human health, environmental sustainability, and quality of life. I have selected two cities in Chihuahua Desert region (El Paso and Juarez) as case study sites to develop a novel and applicable methodology for integrating remotely sensed data of different spectral and spatial resolutions into an analysis of the spatial distribution of an urban amenity. The primary objective of this research is to determine if the spatial distribution of greenspace in 2010 is equitable with respect to socio-demographics in El Paso and …
Deprivation And Hispanic Health Paradox: Neighborhood Effects On Children's Wheezing In El Paso, Texas,
2013
University of Texas at El Paso
Deprivation And Hispanic Health Paradox: Neighborhood Effects On Children's Wheezing In El Paso, Texas, Young-An Kim
Open Access Theses & Dissertations
This study examines the impact of hypothetical health determinants - including objective and relative economic deprivation, as well as foreign-born composition -at the neighborhood-level on respiratory wheezing among Hispanic children in El Paso, Texas while accounting for individual-level covariates based on hierarchical logistic modeling (HLM). Due to El Paso's majority Latino/a population, focus is placed on the so-called "Hispanic health paradox" through analysis of the impact of neighborhood foreign-born composition on Hispanic children's wheezing. Neighborhood-level variables at the census tract-level are derived from US Census data. The percent of families in poverty and the GINI coefficient for income (income inequality) …
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy,
2013
New York Law School
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Articles & Chapters
Over the past twenty-five years, courts and commentators have recognized and upheld conservation easements as an important vehicle to preserve natural and ecologically sensitive land, focusing primarily on easements held by nonprofit organizations (NPOs). During the same period, courts and commentators have supported property rights of owners against governmental land use regulation. This paper maintains that these two independent developments militate for the increased use of consensual conservation easements by governmental entities to achieve public land preservation goals. Governmental conservation easements can realize the benefits of efficiency, consent and free choice, and conservation, while avoiding the coercion implicit in public …
The Increasing Privatization Of Environmental Permitting,
2013
University of Miami School of Law
The Increasing Privatization Of Environmental Permitting, Jessica Owley
Journal Articles
This article examines the increasing privatization of environmental law by taking a close look at mitigation measures in permitting programs. As mitigation has become an increasingly important element of permitting programs, permitting agencies have looked for outside organizations to help design, monitor, and enforce the mitigation projects. Thus, compensatory mitigation projects provide a good lens for examining the role of private organizations in environmental law. There are good reasons for drawing on the power of private organizations. They can provide flexibility and expertise as well as increased capacity. However, concerns regarding democracy and accountability arise when government agencies hand off …
What Exactly Are Exactions?,
2013
University of Miami School of Law
What Exactly Are Exactions?, Jessica Owley, Stephen J. Tulowiecki
Journal Articles
No abstract provided.
Animal Frontiers: A Tale Of Three Zoos In Israel/Palestine,
2013
University at Buffalo School of Law
Animal Frontiers: A Tale Of Three Zoos In Israel/Palestine, Irus Braverman
Journal Articles
Situated within fifty miles of each other at the heart of Israel-Palestine, three zoos — Jerusalem, Qalqilya, and Gaza — tell three very different stories about nonhuman animals, humans, and their imbricated survival across borders and at times of war. Through in-depth interviews with personnel from these three zoos, this article tracks the material and symbolic identities of three zoo animals. Yet the article is not just about animals; it is also a story about nationalism and its clandestine manifestations in ideologies of conservation. I argue here that alongside the straightforward story about sustaining wildlife, Israeli zoos’ control of zoo …
Multipolar Governance Across Environmental Treaty Regimes: The Ramsar Convention In Its Middle Age,
2013
University at Buffalo School of Law
Multipolar Governance Across Environmental Treaty Regimes: The Ramsar Convention In Its Middle Age, Kim Diana Connolly
Journal Articles
No abstract provided.
0809: John Taylor Collection, 1969-2007,
2013
Marshall University
0809: John Taylor Collection, 1969-2007, Marshall University Special Collections
Guides to Manuscript Collections
Mr. Taylor is an attorney from Charleston, WV that fought for the legal and labor rights of workers across the United States. The majority of the people that Taylor represented were members of unions, including both the United Auto Workers [UAW] and the United Mine Workers of America [UMWA]. Taylor's clients fought to secure access to health benefits and the improvement of working conditions. A large portion of the collection centers on Black Lung cases in West Virginia. In 1982, Taylor and his colleagues organized a group of clients to travel to Washington, D.C. in order to attend the Black …
Keeping Lions, Tigers, And Bears (Oh My!) In Check: The State Of Exotic Pet Regulation In The Wake Of The Zanesville, Ohio Massacre,
2013
Villanova University Charles Widger School of Law
Keeping Lions, Tigers, And Bears (Oh My!) In Check: The State Of Exotic Pet Regulation In The Wake Of The Zanesville, Ohio Massacre, Christopher M. Lucca
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Toxic "Plain Meaning" And "Moonshadow": Supreme Court Unanimity And Unexpected Consequences,
2013
Villanova University Charles Widger School of Law
Toxic "Plain Meaning" And "Moonshadow": Supreme Court Unanimity And Unexpected Consequences, Steven Ferrey
Villanova Environmental Law Journal (1991 - )
No abstract provided.
An Undercurrent Of Discontent: The Chesapeake Bay Total Maximum Daily Load And Its Impact On Bay Industries,
2013
Villanova University Charles Widger School of Law
An Undercurrent Of Discontent: The Chesapeake Bay Total Maximum Daily Load And Its Impact On Bay Industries, Annabelle Klopman
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Who "Shale" Regulate The Fracking Industry?,
2013
Villanova University Charles Widger School of Law
Who "Shale" Regulate The Fracking Industry?, Stephanie Scott
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Patience Is An Economic Virtue: Real Options, Natural Resources, And Offshore Oil,
2013
University of Colorado Law School
Patience Is An Economic Virtue: Real Options, Natural Resources, And Offshore Oil, Michael A. Livermore
University of Colorado Law Review
The financial concept of real options has important consequences in areas of environmental and natural resources law where irreversible decisions are made in the face of uncertainty. This article argues that consideration of real options is necessary to maximize economic returns from nonrenewable natural resource extraction, using offshore oil drilling as a case study. Because decisions over drilling are often framed as a now-or-never choice, the option to wait (or the "real option" value) is improperly treated in administrative processes that determine whether, when, and how offshore oil resources will be tapped. The value associated with the option to delay …
Insurance Law Principles In An International Context: Compensating Losses Caused By Climate Change,
2013
Dalhousie University Schulich School of Law
Insurance Law Principles In An International Context: Compensating Losses Caused By Climate Change, Sara Seck, Craig Brown
Articles, Book Chapters, & Popular Press
This article examines the challenges of paying for loss caused by climate change. It discusses how weather-related harms might become uninsurable by private companies in the future as the adverse effects of climate change increase in severity. Additionally, this article recognizes the difficulty in imposing civil liability on wrongdoers for climate-related harms, and explores options for state-sponsored or state-subsidized insurance. Finally, the authors examine possibilities for an international insurance fund, but eventually conclude that such a fund would unlikely be endorsed at the international level and would not benefit Canadians.
Using Strategic Environmental Assessments To Guide Oil And Gas Exploration Decisions: Applying Lessons Learned From Atlantic Canada To The Beaufort Sea,
2013
Dalhousie University Schulich School of Law
Using Strategic Environmental Assessments To Guide Oil And Gas Exploration Decisions: Applying Lessons Learned From Atlantic Canada To The Beaufort Sea, Meinhard Doelle
Articles, Book Chapters, & Popular Press
Strategic Environmental Assessments have been used on the Atlantic Coast of Canada to inform oil and gas exploration decisions. Both the Newfoundland and Nova Scotia offshore petroleum boards have about a decade of experience with strategic environmental assessments. In the Beaufort Sea, there is no such process currently in place to guide decisions about oil and gas exploration. In the wake of the Deep Horizon spill in the US, this article considers the lessons learned from the Atlantic Canada experience, and makes recommendations for the design of an oil and gas strategic environmental assessment process for exploration in the Beaufort …
