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Introduction: The Deepwater Horizon Incident, Charles H. Norchi 2011 University of Maine School of Law

Introduction: The Deepwater Horizon Incident, Charles H. Norchi

Faculty Publications

In this symposium, the contributors appraise the regulatory and institutional pathologies that contributed to the incident, offer projections based on current practices and legal frameworks, propose alternative institutional and regulatory approaches, and recommend policies to achieve a preferred future for marine ecosystems and dependent human activity.


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power 2011 University of Maryland School of Law

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), 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 …


Mapping The Human Right To Water On The Colorado River, Bret C. Birdsong 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Mapping The Human Right To Water On The Colorado River, Bret C. Birdsong

Scholarly Works

Colorado River systems-both ecological and legal-are facing a coming crisis. The river snakes its way from the Rocky Mountain crest to the Gulf of California, draining 245,000 square miles encompassing parts of seven of the United States ("U.S.") and two Mexican states. The river and its tributaries provide drinking water for growing population of thirty million in an even larger area because some of its water is diverted to serve out-of-basin demands in both the U.S. and Mexico. Aside from bringing life-sustaining water to people for personal use, it provides irrigation water for some of the most valuable agricultural lands …


Reimagining Western Water Law: Time-Limited Water Right Permits Based On A Comprehensive Beneficial Use Doctrine, Michael Toll 2011 University of Colorado Law School

Reimagining Western Water Law: Time-Limited Water Right Permits Based On A Comprehensive Beneficial Use Doctrine, Michael Toll

University of Colorado Law Review

The dwindling supply of western water resources and the increasing water demands of a growing population necessitate a fundamental reexamination of the prior appropriation system. As a nineteenth century system of water allocation, prior appropriation, traditionally applied, is ill-equipped to effectively and efficiently cope with these twenty-first-century realities. The system must be reformed. The reimagining of western water law has two components. First, the determination of whether water is being put to a "beneficial use" should be based upon a holistic, comparative assessment of the relative value of the use of that water-an exercise in values and priorities that is …


Pagosa Area Water & Sanitation District V. Trout Unlimited And An Anti-Speculation Doctrine For A New Era Of Water Supply Plannin, Derek L. Turner 2011 University of Colorado Law School

Pagosa Area Water & Sanitation District V. Trout Unlimited And An Anti-Speculation Doctrine For A New Era Of Water Supply Plannin, Derek L. Turner

University of Colorado Law Review

The prior appropriation doctrine is partly founded upon a concern with the speculation and monopolization of scarce water resources. This "anti-speculation doctrine" is anchored by the principles of public ownership of water and the beneficial use element of an appropriative water right. It is a progressive doctrine used by Colorado courts to prevent the public's water from being claimed for personal profit rather than actual beneficial uses. In the modern, high-stakes competition for water supplies needed to serve future population growth, Colorado municipalities and quasi-governmental water agencies have long escaped scrutiny for appropriations to serve undefined future populations. Under the …


The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine A. Klein 2011 University of Florida Levin College of Law

The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine A. Klein

UF Law Faculty Publications

Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska ex rel. Douglas. Determining that groundwater is an article of commerce, the Court held invalid under the dormant Commerce Clause a provision of a Nebraska statute limiting water export. The issue has again come into the national spotlight, as the Tarrant Regional Water District of Texas has challenged Oklahoma legislation limiting water exports, and as Wind River L.L C …


Property Law - The Recreational Navigation Doctrine - The Use Of The Recreational Navigation Doctrine To Increase Public Access To Waterways And Its Effect On Riparian Owners, Clinton Lancaster 2011 University of Arkansas Little Rock

Property Law - The Recreational Navigation Doctrine - The Use Of The Recreational Navigation Doctrine To Increase Public Access To Waterways And Its Effect On Riparian Owners, Clinton Lancaster

University of Arkansas at Little Rock Law Review

No abstract provided.


Responsive Regulation In Context, Circa 2011, Cristie Ford, Natasha Affolder 2011 Allard School of Law at the University of British Columbia

Responsive Regulation In Context, Circa 2011, Cristie Ford, Natasha Affolder

All Faculty Publications

In the fall of 2010, the University of British Columbia Faculty of Law welcomed a group of scholars from around the world to consider the state and evolution of responsive regulation, in both theory and practice. The occasion was the presence of Dr. John Braithwaite, the faculty's inaugural Fasken Martineau Senior Visiting Scholar.' Given that we are on the cusp of the twentieth anniversary of Ian Ayres and John Braithwaite's seminal book, Responsive Regulation: Transcending the Deregulation Debate,' it is appropriate that this issue begins with John Braithwaite's own reflections on the responsive regulation project. On one level, the set …


New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina 2011 University of New Mexico

New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina

Water Matters!

This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.


Winter 2011 Utton Center Newsletter, Utton Center, University of New Mexico - School of Law 2011 University of New Mexico

Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Environmental Review Of Western Water Project Operations: Where Nepa Has Not Applied, Will It Now Protect Farmers From Fish?, Reed D. Benson 2011 University of New Mexico - School of Law

Environmental Review Of Western Water Project Operations: Where Nepa Has Not Applied, Will It Now Protect Farmers From Fish?, Reed D. Benson

Faculty Scholarship

The U.S. Bureau of Reclamation operates hundreds of dams in seventeen western states, and storage and release of water at these dams often causes serious environmental impacts. In operating these dams, however, the Bureau has largely been excused from complying with the environmental review requirements of the National Environmental Policy Act. This article explains and analyzes relevant NEPA cases involving these Bureau projects, and argues that the Bureau may want to conduct NEPA reviews for project operations even if they are not legally required. It also describes and critiques District Judge Oliver Wangers recent decisions applying NEPA to the Bureau's …


Groundwater Policy In The Western United States, Denise D. Fort, Summer McKean 2011 University of New Mexico - School of Law

Groundwater Policy In The Western United States, Denise D. Fort, Summer Mckean

Faculty Scholarship

Groundwater mining is inadequately addressed by state and federal policies in the United States. New Mexico's failure to manage groundwater aquifers has resulted in costly federal rescue projects. Better information and involvement of communities in groundwater policy would provide for more sustainable use of this resource.


David H. Getches: 1942-2011, James N. Corbridge Jr. 2011 University of Colorado Law School

David H. Getches: 1942-2011, James N. Corbridge Jr.

Publications

No abstract provided.


Justice Greg Hobbs, Living The Four Corners: Colorado, Centennial State At The Headwaters, Continuing Legal Education In Colorado, Denver (2010), Tom I. Romero II 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Justice Greg Hobbs, Living The Four Corners: Colorado, Centennial State At The Headwaters, Continuing Legal Education In Colorado, Denver (2010), Tom I. Romero Ii

Scholarly Works

No abstract provided.


The Organization And Status Of The Department Of Interior's Programs And Studies On Climate Change In The Colorado River Basin, Colorado River Governance Initiative, University of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program 2011 University of Colorado Law School

The Organization And Status Of The Department Of Interior's Programs And Studies On Climate Change In The Colorado River Basin, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

21 p. : ill., maps ; 29 cm


How Suburbia Happened In Toronto, Michael Lewyn 2011 Touro Law Center

How Suburbia Happened In Toronto, Michael Lewyn

Scholarly Works

No abstract provided.


Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson 2011 University of Oklahoma College of Law

Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson

American Indian Law Review

No abstract provided.


Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias 2011 New England Law

Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias

American Indian Law Review

No abstract provided.


A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang 2011 Duke Law School

A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang

Faculty Scholarship

The Deepwater Horizon (DWH) well blowout released more petroleum hydrocarbons into the marine environment than any previous U.S. oil spill (4.9 million barrels), fouling marine life, damaging deep sea and shoreline habitats and causing closures of economically valuable fisheries in the Gulf of Mexico. A suite of pollutants — liquid and gaseous petroleum compounds plus chemical dispersants — poured into ecosystems that had already been stressed by overfishing, development and global climate change. Beyond the direct effects that were captured in dramatic photographs of oiled birds in the media, it is likely that there are subtle, delayed, indirect and potentially …


New Adventures Of The Old Bureau: Modern-Day Reclamation Statutes And Congress Unfinished Environmental Business, Reed D. Benson 2011 University of New Mexico - School of Law

New Adventures Of The Old Bureau: Modern-Day Reclamation Statutes And Congress Unfinished Environmental Business, Reed D. Benson

Faculty Scholarship

Congress established the reclamation program in 1902, and the hundreds of federal water projects built in the 20th century helped shape the West. Today, the Bureau of Reclamation plays an enormously important role in managing these projects. But with no big new dams to build, the Bureau has been forced to revise its mission to address todays water management challenges, such as stretching finite water supplies and restoring aquatic ecosystems. Through both site-specific enactments and programmatic statutes, Congress in recent years has given the Bureau new authority and direction to address these modern challenges. But Congress has left a significant …


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