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- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (12)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (9)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (8)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (3)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (3)
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- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- Publications (2)
- U.S. Supreme Court Briefs (2)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (2)
- A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27) (1)
- Articles (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Law Faculty Scholarly Articles (1)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (1)
- The Problem of Federal-Private Split Mineral Estates: Who Has Control? (April 23) (1)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (1)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (1)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (1)
Articles 1 - 30 of 57
Full-Text Articles in Law
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Articles
This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to "public" monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an …
The Durability Of Private Claims To Public Property, Bruce R. Huber
The Durability Of Private Claims To Public Property, Bruce R. Huber
Journal Articles
Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …
No Entry To The Public Lands: Towards A Theory Of A Public Trust Servitude For A Way Over Abutting Private Land, Shelby D. Green
No Entry To The Public Lands: Towards A Theory Of A Public Trust Servitude For A Way Over Abutting Private Land, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article explores the problem of inadequate access and why owners of private property abutting public lands cannot fence out the public if their sole or primary purpose is to deny access to public land. The reasons why such landowners should not be allowed to put up fences, even on their own land, if the effect is to hinder the public's access to public land are several. First, it is opportunistic and unjustly interferes with citizens' ability to enjoy the interest they hold in public lands. Second, it denies citizens access rights rooted in the common law. Third, and perhaps …
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)
On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO
27 slides
Real Property And Peoplehood, Kristen A. Carpenter
Real Property And Peoplehood, Kristen A. Carpenter
Publications
This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unable to confront the uncomfortable truth that the very thing Indian peoples need is their land, the same land that the U.S. took from them. This is especially the case with regard to the sacred sites of Indian peoples, whose religions and cultures are inextricably linked to those sites. Federal law permits the United States …
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Sharon Friedman, Director of Planning, USDA Forest Service, Rocky Mountain Region
13 slides
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
7 pages.
Includes bibliographical references
"Robert B. Keiter, Wallace Stegner Professor of Law, University of Utah, S.J. Quinney College of Law"
Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos
Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mike Chiropolos, Lands Program Director, Western Resource Advocates
44 slides
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder
43 slides
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"
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
2 pages.
"Robert L. Fischman, Indiana University School of Law–Bloomington"
"Outline of Presentation"
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
4 pages.
"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"
Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation
Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation and …
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
16 pages.
Includes bibliographical references
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Publications
No abstract provided.
Brief Of The American Planning Association Et Al. As Amici Curiae In Support Of Respondents, Kelo V. New London, No. 04-108 (U.S. Jan. 21, 2005), John D. Echeverria
Brief Of The American Planning Association Et Al. As Amici Curiae In Support Of Respondents, Kelo V. New London, No. 04-108 (U.S. Jan. 21, 2005), John D. Echeverria
U.S. Supreme Court Briefs
No abstract provided.
Brief Of The National League Of Cities Et Al. As Amici Curiae Supporting Respondents, Kelo V. New London, No. 04-108 (U.S. Jan. 21, 2005), J. Peter Byrne
Brief Of The National League Of Cities Et Al. As Amici Curiae Supporting Respondents, Kelo V. New London, No. 04-108 (U.S. Jan. 21, 2005), J. Peter Byrne
U.S. Supreme Court Briefs
No abstract provided.
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
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
The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center
The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center
The Problem of Federal-Private Split Mineral Estates: Who Has Control? (April 23)
19 pages.
Includes footnotes.
Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on April 23, 1996.
Contents: National Park Service regulation of private mineral estates / David B. Shaver -- Recent litigation regarding federal split estates : who has control? what are the limits? / Andrew C. Mergen -- The problem of federal-private split mineral estates / Scott W. Hardt
Many federally owned lands overlie privately owned oil and gas and mineral rights. Increasingly, the competition between agency multiple use directives and private interests in resource development has resulted in legal battles between …
Dual Regulation, Collaborative Management Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock
Dual Regulation, Collaborative Management Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Few would assert that the current governance model for managing the nation's public lands, which grants exclusive authority to the federal government, has protected the natural resource values of those lands or provided a framework for the harmonious resolution of conflicts over their use. Dissatisfaction is apparent from recurrent proposals to privatize public lands or to devolve their ownership to the states. The emergence of the "wise use" and "county supremacy" movements directly challenges the authority of the federal government to manage its land. While this new state and local assertiveness is not without historical basis nor completely without merit, …
Consensus Groups And Grassroots Democracy: Maybe Those Who Say It Cannot Be Done Should Get Out Of The Way Of Those Doing It, Mary Margaret Chapman
Consensus Groups And Grassroots Democracy: Maybe Those Who Say It Cannot Be Done Should Get Out Of The Way Of Those Doing It, Mary Margaret Chapman
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
10 pages.
Contains 2 pages of references.
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.
In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.
A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …
Agenda: Who Governs The Public Lands: Washington? The West? The Community?, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Who Governs The Public Lands: Washington? The West? The Community?, University Of Colorado Boulder. Natural Resources Law Center
Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)
Conference organizers and/or session moderators included University of Colorado School of Law professors David H. Getches, Judith Jacobsen, Lawrence J. MacDonnell, Teresa Rice and Charles F. Wilkinson.
Shifting policy objectives and management approaches for the public lands of the West are provoking heated debate about how these decisions should be made and implemented. Are these policy directions a reflection of the "New West" or are they, in fact, a declaration of "war on the West"? Somewhere between these polarities of view, efforts are underway to open dialogue and reach consensus.
This second annual western lands conference will explore federal initiatives …
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.
Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.
Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …
Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett
Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
17 pages.
Contains references.
Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.
Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.
Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …
Public Land Management: Planning, Problems, And Opportunities, David C. Williams
Public Land Management: Planning, Problems, And Opportunities, David C. Williams
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
26 pages (includes illustrations).
Contains bibliography.
New Developments In Water Rights On Public Lands: Federal Rights And State Interests, Christopher H. Meyer
New Developments In Water Rights On Public Lands: Federal Rights And State Interests, Christopher H. Meyer
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
25 pages.
Contains footnotes and 2 pages of references.