ABOUT THIS COLLECTION

The Arizona Journal of Environmental Law & Policy (AJELP) is an interdisciplinary online publication that examines environmental issues from legal, scientific, economic, and public policy perspectives. This student-run journal publishes articles on a rolling basis with the intention of providing timely legal and policy updates of interest to the environmental community.

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Recent Submissions

  • The Fiftieth Anniversary of the Wilderness Act: The Next Chapter in Wilderness Designation, Politics, and Management

    Nie, Martin; Barns, Christopher (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2014)
    In commemorating the fiftieth anniversary of the Wilderness Act, we examine what might be the next chapter in wilderness politics, designation, and management. In Parts I and II of the Article, we review the base of wilderness-eligible lands managed by the U.S. Forest Service and Bureau of Land Management. These two parts evaluate inventoried roadless areas, lands with wilderness characteristics, wilderness study areas, and recommended wilderness areas. These are the lands from which future wilderness and other protected land designations may come, and we analyze the interim management measures, planning processes, and politics that determine whether or not these lands will be protected in the future. In Part III, we examine three interrelated factors that will largely shape future wilderness politics: extreme political polarization, the use of collaboration, and increasing demands for the manipulation of wilderness areas. Congressional polarization may push wilderness politics onto different political pathways, including action by the executive branch aimed at protecting wilderness-eligible lands. Outside of Congress, collaboration will also continue to shape wilderness politics in the future, with questions focused on the scope and degree of compromise in wilderness legislation. There will also be increasing demands to control and manipulate wilderness in the future. These three factors will complicate the politics surrounding future wilderness designations and influence how these lands are managed in the future. Yet despite these challenges, the reasons for adding to the Wilderness Preservation System are stronger in 2014 than they were fifty years ago.
  • Restoring Nature in Protected Areas

    Steinhoff, Gordon (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2014)
    In the literature, there is no standard account of ecological restoration. According to the more traditional view, ecological restoration is the attempt to return a damaged ecosystem to some historic state. In this article, I will examine United States federal agency policies concerning restoration within national parks, wilderness, and other protected areas. I will also examine actual restoration projects in these areas. I will argue that ecological restoration within protected areas is not, and should not be, conceived as an attempt to return an ecosystem to the past. Also, restoration in these areas should not be conceived in open-ended ways recently advocated by restoration experts, as “aiming at the repair of damage,” for example, or as the creation of “emerging ecosystems.” As will be discussed, “ecological restoration” within protected areas should be understood as returning a damaged ecosystem to a close approximation of its natural conditions and processes. A restored ecosystem within these areas must closely mimic natural, not historic, conditions.
  • Indian Water Rights: How Arizona V. California Left an Unwanted Cloud Over the Colorado River Basin

    Cordalis, Amy; Cordalis, Daniel (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2014)
    The Colorado River is one of the most important rivers in the world. The river’s 1,400-mile journey from the Rocky Mountains to the Sea of Cortez takes on waters from seven states and from the reservations of twenty-eight Indian tribes along the way, 244,000 square miles of river basin in all. The Colorado River is also heavily managed: Its waters are allocated through a complex body of laws collectively referred to as the “Law of the River,” which includes an international treaty, two interstate water compacts, numerous federal and state statutes, and more than a dozen Indian water rights settlements. For thousands of years before the Law of the River, however, American Indians lived and irrigated within the Colorado River Basin, making due with its characteristically seasonal rains and difficult growing conditions. Today, in a cruel but all-too-common twist for tribes, twelve of the basin’s twenty-eight tribes have not had their water rights completely quantified, leaving many of the basin’s oldest inhabitants without a legally secure source of water. This begs the question of how the Law of the River developed such that the Colorado River is already over-allocated but Indian water rights are to a large extent unaccounted for, and tribes--occupying and using water in the basin since time immemorial--are left struggling for whatever remaining drops they can squeeze out of the basin. And, perhaps more to the point, the question arises how Arizona v. California recognized this exact issue in the Lower Colorado River Basin and could not to fully resolve it. This article finally takes the position that tribes, the states, and the federal government must work together to settle Indian water rights claims to provide certainty to all Colorado River basin water users amidst growing undertainty from polulation growth and climate change.