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- Institution
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- University of Colorado Law School (77)
- Columbia Law School (21)
- Pace University (7)
- Florida A&M University College of Law (4)
- Cornell University Law School (3)
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- Florida State University College of Law (3)
- Maurer School of Law: Indiana University (3)
- SJ Quinney College of Law, University of Utah (3)
- University of Denver (2)
- University of Georgia School of Law (2)
- Barry University School of Law (1)
- Emory University School of Law (1)
- Golden Gate University School of Law (1)
- Notre Dame Law School (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Florida Levin College of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Richmond (1)
- William & Mary Law School (1)
- Publication Year
- Publication
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- Sabin Center for Climate Change Law (15)
- Faculty Scholarship (8)
- Elisabeth Haub School of Law Faculty Publications (7)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (6)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (6)
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- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (6)
- Publications (5)
- The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18) (5)
- Articles by Maurer Faculty (3)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (3)
- Coalbed Methane Development in the Intermountain West (April 4-5) (3)
- Cornell Law Faculty Publications (3)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (3)
- Journal Publications (3)
- Scholarly Publications (3)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (3)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (3)
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (2)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- LLM Theses and Essays (2)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (2)
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (2)
- Sturm College of Law: Faculty Scholarship (2)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (2)
- The Promise and Peril of Oil Shale Development (February 5) (2)
- Wallace Stegner Center for Land, Resources, and the Environment publications (2)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (2)
- Water and Growth in the West (Summer Conference, June 7-9) (2)
- Workshop on Directional Drilling in the Rocky Mountain Region (November 13) (2)
Articles 31 - 60 of 135
Full-Text Articles in Law
Consideration Of Climate Change In Federal Eiss, 2009-2011, Patrick Woolsey
Consideration Of Climate Change In Federal Eiss, 2009-2011, Patrick Woolsey
Sabin Center for Climate Change Law
In recent years, climate change has become an increasingly prominent subject of discussion in EISs. A comparison of agency approaches to EIS scope and methodology shows widely varying treatment of climate change impacts. Agencies differ in the methods used to calculate emissions and assess their significance. In addition, the types of indirect impacts addressed and the extent to which the impacts of climate change on the project are included vary.
Encouraging Energy Efficiency Through Nepa Comments, Adam Reidel
Encouraging Energy Efficiency Through Nepa Comments, Adam Reidel
Sabin Center for Climate Change Law
Environmental impact statements (EISs) should analyze the potential for energy efficiency to reduce the adverse impacts of new projects, to make the projects smaller, or to provide more benign alternatives. The National Environmental Policy Act (NEPA) and its state counterparts require EISs for major actions, and provide numerous opportunities for public participation in the EIS process. These opportunities can be used to press for greater consideration, and perhaps adoption, of energy efficiency measures. This paper serves as a guide to commenting on and challenging EISs on the basis of insufficient consideration of the issues of energy efficiency and conservation. It …
Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler
Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Robert W. Adler, James I. Farr Chair in Law, University of Utah, S.J. Quinney College of Law
9 slides
Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett
Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Mary Bloomstran, Edge Environmental
20 slides
Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap
Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY
24 slides
Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt
Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt
The Promise and Peril of Oil Shale Development (February 5)
Presenter: David Bernhardt, Brownstein Hyatt Farber Schreck, Denver, CO
13 slides
Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick
Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Patty Limerick, Center of the American West, University of Colorado at Boulder
35 slides
Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate
Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate
Journal Publications
or several decades, and in a variety of contexts, national security and environmental protection interests have clashed. Balancing these competing concerns is a challenging task. However, in the wake of the tragic events of September 11, 2001, the U.S. government “drastically changed its approach to how it handled important environmental concerns in relation to national
defense issues."
The most common manifestation of the tensions between national security and environmental protection objectives is the Navy’s use of sonar in U.S. waters. The oceans that surround the United States on both coasts provide the U.S. Navy with an indispensable buffer zone in …
Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin
Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin
Faculty Scholarship
The BP oil spill in the Gulf of Mexico is destined to take its place as one of the greatest environmental disasters in the history of the United States, or for that matter, of the entire planet. Like so many other disasters on that list, it was entirely preventable.
BP must shoulder its share of the blame, of course. Similarly, the Minerals Management Service (MMS) – since reorganized and rebranded – has come under much deserved criticism for its failure to rein in BP’s avaricious approach to drilling even where it was unable to respond to a worst-case scenario in …
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
UF Law Faculty Publications
Neither the National Environmental Policy Act (“NEPA”) nor its implementing regulations require consideration of climate change in NEPA documentation. Yet an ever-growing body of NEPA case law related to climate change is making it increasingly difficult for a federal agency to avoid discussing the impacts of those emissions under NEPA in its Environmental Impact Statements (“EISs”). Although consideration of climate change in NEPA documents sounds right in theory, within the current legal framework, the NEPA documents provide only lip service to the goals of NEPA without any meaningful consideration of climate change. An empirical evaluation of two years of selected …
Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell
Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell
Best Practices for Community and Environmental Protection (October 14)
Presenter: Jamie Connell, Northwest Colorado District Manager, U.S. Bureau of Land Management (BLM) Colorado
23 slides
Saving Lives Through Administrative Law And Economics: A Response, Shi-Ling Hsu
Saving Lives Through Administrative Law And Economics: A Response, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Greenhouse Gases: Emerging Standards For Impact Review, Michael B. Gerrard
Greenhouse Gases: Emerging Standards For Impact Review, Michael B. Gerrard
Faculty Scholarship
Numerous federal and state judicial decisions have established that environmental impact statements (EISs) under the National Environmental Policy Act (NEPA) and its state equivalents should examine the impact of proposed projects on emissions of greenhouse gases (GHG), the principal anthropogenic cause of climate change. Administrative agencies and court settlements are now establishing the guidelines for the conduct of these examinations.
Slides: Energy Production And The West's Wild Places, Amy Mall
Slides: Energy Production And The West's Wild Places, Amy Mall
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council
28 slides
The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu
The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu
Scholarly Publications
The identifiability effect is the human propensity to have stronger emotions regarding identifiable individuals or groups than for abstract ones. The more information that is available about a person, the more likely this person’s situation will influence human decisionmaking. This human propensity has biased law and public policy against environmental and ecological protection because the putative economic victims of environmental regulation are usually easily identifiable workers that lose their jobs, while the beneficiaries—people who avoid a premature death from air or water pollution, people who would be saved by medicinal compounds available only in rare plant and animal species, and …
Settlement Of The Acf Controversy: Sisyphus At The Dawn Of The 21st Century, Robert H. Abrams
Settlement Of The Acf Controversy: Sisyphus At The Dawn Of The 21st Century, Robert H. Abrams
Journal Publications
The ancient Greek myth in which Sisyphus is condemned to perpetually roll a massive boulder up a hill only to have it fall back down now symbolizes repetitive, ultimately fruitless effort. The Apalachicola-Chattahoochee-Flint (ACF) basin rapidly has become the emblem of Sisyphean water conflict in the eastern United States. It has the potential to rival some of the West's long-running water disputes, although it will never challenge the Colorado River in that regard.
At the outset, it is important to recognize that there are many parties with an interest in the ACF basin. The most prominent in recent years are …
Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa
Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Glenn Casamassa, Forest Supervisor, Arapahoe-Roosevelt National Forest
17 slides
Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller
Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Joe Feller, College of Law, Arizona State University
22 slides
Slides: A Case Study Of The Roan Plateau Area, Mary Viviano
Slides: A Case Study Of The Roan Plateau Area, Mary Viviano
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mary Viviano, EnCana Oil & Gas (USA) Inc.
14 slides
Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace
Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
22 slides
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
8 pages.
Includes bibliographical references
"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
19 pages.
"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"
Summary Of Presentation: Climate Of Environmental Justice Conference, Michael B. Gerrard
Summary Of Presentation: Climate Of Environmental Justice Conference, Michael B. Gerrard
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Michael B. Gerrard, Partner, Arnold & Porter LLP, New York, NY
2 pages.
Dawn Of A New Era In The Extraterritorial Application Of U.S. Environmental Statutes: A Proposal For An Integrated Judicial Standard Based On The Continuum Of Context, Randall S. Abate
Journal Publications
Congress has the authority to enact laws beyond the territorial boundaries of the United States. However, whether Congress intended to exercise extraterritorial authority in a given statute is a matter for the courts to ascertain through statutory interpretation. When considering the reach of federal legislation, courts are guided by a presumption against extraterritoriality. Part I of this Article discusses the origins and evolution of the presumption against extraterritoriality before and after the landmark decision in Aramco. Part II addresses the continuum of context paradigm from Massey and describes the extraterritorial application of U.S. environmental statutes. Part III of the Article …
Revisiting The Tense Relationship Between The U.S. Supreme Court, Administrative Procedure, And The National Environmental Policy Act, Jason J. Czarnezki
Revisiting The Tense Relationship Between The U.S. Supreme Court, Administrative Procedure, And The National Environmental Policy Act, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article addresses the possibility, under the prevailing understanding of NEPA, that an agency might draft a comprehensive report containing information about potential environmental effects and alternate approaches to a proposed plan--and then wholly disregard all of this information in making its final decision. Although an agency may contend that it has “considered” the environmental consequences of alternative courses of action, what if these factors have no actual impact on its final decision? Hypothetically, an agency could simply “steamroll” toward its preferred decision, hurdling NEPA's procedural obstacles without genuinely considering potential environmental harms or the means to avoid them.
This …
Day 1: Wednesday, 17 August 2005: Introduction, Mark Squillace
Day 1: Wednesday, 17 August 2005: Introduction, Mark Squillace
Endangered Species Act Congressional Field Tour (August 17-19)
5 pages.
Contains references.
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
1 v. (various pagings) : ill., maps ; 28 cm
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Slides: Nepa And Adaptive Management, Denise A. Dragoo
Slides: Nepa And Adaptive Management, Denise A. Dragoo
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Denise A. Dragoo, Partner, Snell & Wilmer L.L.P., Salt Lake City, UT
22 slides
Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Agenda includes summaries of speakers' presentations
Workshop held May 12-13, 2004 at the University of Colorado School of Law and sponsored by the Natural Resources Law Center with support from the William and Flora Hewlett Foundation, BP America and Calpine Corporation
Government agencies, industry and others are beginning to apply the concepts of best management practices and adaptive management to oil and gas development. This free workshop will examine what is going on in the Rocky Mountain Region with these innovative management approaches. This timely workshop will be kicked off with a presentation on the Western Governors' Association Coalbed Methane …