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difficult process, but a new moment for Indian water rights settlement may have arrived. This paper explains how political conditions have changed and makes a novel legal argument to supply a strategy for ... congressional activity, the western water crisis, and growing tribal governmental power have altered political conditions to make settlement more favorable for tribal governments.24 And second, it argues that
TO SOLVE Where particular land has characteristics that make its condition important to some interest group capable of mobilizing the political process to protect that land, governments may take steps ... , these measures are seen as inadequate to meet the demand for restricting land use in pursuit of conservation and aesthetic goals.16 Budget constraints and political priorities also limit direct land
Bison Range to the Confederated Salish and Kootenai Tribes in Montana (2020). Analysis of these laws surfaces common themes and provisions related to the political dynamics of such congressional actions ... transfer either the ownership or control of public lands from the United States to state and local governments.21 The political backlash was immense, and the “Keep It Public” movement united an array of
that the public trust doctrine imposes legal obligations on the government while public trust values place political obligations on the government.135 Foremost, the government has a general republican ... obligation that requires officials to honor their constituencies’ preferences in political decisions. Calling it a “trust” is different from the specific fiduciary-like duty of the government as a “public
growth.78 B. Middle Housing Development’s Advantages Middle housing is increasingly appealing because it pairs political palatability with progress toward a greener future. Particularly in regions ... -family neighborhoods.115 CICs are becoming the new normal in U.S. homeownership, and they have significant political power, evidenced in part by middle housing legislation which exempts localities governed
protecting even the smallest creatures, we show who we are as a country. That we care about our environment, and we understand that everything is connected. This philosophy is essential to our work at the
Statehood and Political Participation, A, 53 Nat. Resources J. 1 (2013). Available at: https://digitalrepository.unm.edu/nrj/vol53/iss1/3 A Place Called Home: Native Sovereignty Through Statehood and ... Political Participation This article addresses the efforts of American Indians and the Maori in New Zealand to resolve natural resource disputes and preserve sovereignty through statehood movements and
theory and jurisprudence, or the philosophy of law, are useful tools. This work develops and applies a conceptual model of the Middle Rio Grande basin as a social–ecological system in an attempt to improve ... political economies, such as settler colonialism. These economic systems and attendant human and environmental effects are deeply rooted, historically and racially. They are also, importantly, present
able to fully develop their rights due to a combination of infrastructure limitations, funding needs, and political and regulatory 9. See, e.g., Margaret Garcia & Elizabeth Koebele, Opinion, No More Band ... “Indian Law.” The words “Native American” or “Native” are used here in reference to one or more individual members of Tribes. The word “tribe” is used here in reference to distinct political communities of
By Isabella Pacheco, Published on 07/01/16
tandem involves the interconnectedness of inequality that have foundations in political economy, social marginalization, and differential access and control of natural resources. Since the mid 1970s
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 Proxy Battles of Interstate Water Litigation , 57 Nat. Resources J. 1 (2017). Available at: https://digitalrepository.unm.edu/nrj/vol57/iss1/3 - Burke W. Griggs THE POLITICAL CULTURES OF
Article 6 of the 1966 International Covenant on Civil and Political Rights. While the Committee ultimately determined that New Zealand had not violated the “right to life” provision, the Committee explained ... groundbreaking decision and explores its precedential significance as well as its limitations. Part I provides historical context regarding the 1966 International Covenant on Civil and Political Rights, including
a sound technique to evaluate operational losses or wastes of many resources, including time. This paper presents an attempt to couple RM techniques with NPT philosophy together with other concepts ... professional development conference and exposition , Seattle, Washington, 11 - 14 June, ASSE- 06 -544E Pareto V , Page A ( 1971 ) Translation of manuale di economia politica “manual of political economy”, A.M
will “comply with environmental laws where they perceive it is in their economic self-interest to do so” has remained the original and consistent basis for the EPA’s criminal enforcement philosophy. Joel ... prosecutions without an expansion of the criminal enforcement regime. Without added funding and consistent political support for EPA and DOJ’s efforts to police and prosecute the most serious environmental
O’Connor College of Law; B.A. Sustainability, Arizona State University, 2019; B.A. Philosophy, Arizona State University, 2019. ** Sustainability Law Student Research Fellow, Program on Law and Sustainability ... and 2026 will be 65% greater than that of the previous five years.68 The energy transition is inherently complicated, in part because political–economic systems tend to be resistant to change when
groups in political processes, as opposed to the interests of the general public and future generations. To adequately counteract this political malfunction, this article argues for improvements to EIA
factors such as political matters, wars, social and economic aspects, and exploration techniques. Depending on the recoverable reserve (RR), production of shale gas entails different methods and with a ... prevailing in that particular region. As the administration introduces new policies, this can lead to political and economic turmoil. Therefore, widespread corruption, weak institutional and government support
conserved for the public good. As a historical point, it is no stretch to believe that this would prove true. But what about now, in what Leshy acknowledges is a “sour, polarized, political era”?9 Professor ... history, biography, and law, the book is steeped in political insights and peopled with an immense and colorful cast of characters, set against a backdrop of iconic landscapes. Yellowstone National Park is
, including the use of adaptive management, through which resource managers can monitor changes and adjust policies accordingly. Yet there are practical and political challenges to implementing adaptive ... , or conceal political accommodations.64 Several commentators have suggested that there are some instances where adaptive management is not practical, such as where (1) the long-term stability of
