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- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (5)
- Georgetown Law Faculty Publications and Other Works (3)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (3)
- Western Water Law in Transition (Summer Conference, June 3-5) (3)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (2)
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- Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1) (2)
- Publications (2)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Law Review Articles (1)
- Law Faculty Publications (1)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (1)
- Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28) (1)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (1)
- Sea Grant Law Fellow Publications (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 31
Full-Text Articles in Law
The Public Trust Doctrine In The 21st Century, Nicholas A. Robinson
The Public Trust Doctrine In The 21st Century, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
In this Symposium's initial lecture, I will (a) provide a glimpse into life in Medieval England to explain the context from which Magna Carta arose, (b) describe the evolution of environmental rights from Magna Carta to the Forest Carter, (c) explore in a case study how “liberties of the forest” functioned for 800 years in England's Royal Forest of Dean, ultimately sustaining the ecological systems of Dean, (d) discuss the “liberties of the forest” in light of Elinor Ostom's common pool analyses, and (e) offer some views on the question just posed. I shall start by describing the English environment …
Property And Permitting Boundaries At The Shoreline (Legal Fact Sheet: Ctsg-17-03), Audrey Elzerman
Property And Permitting Boundaries At The Shoreline (Legal Fact Sheet: Ctsg-17-03), Audrey Elzerman
Sea Grant Law Fellow Publications
The determination of the boundary between public and private areas of the shoreline can be a topic of substantial interest and dispute, especially as the environment changes over time. This document explains the property and regulatory boundaries that apply in Connecticut and how those boundaries change.
Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap
Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)
10 slides
Stop The Beach Renourishment Stops Private Beachowners' Right To Exclude The Public, Kristen G. Juras, Sydney F. Ansbacher, Robert K. Lincoln
Stop The Beach Renourishment Stops Private Beachowners' Right To Exclude The Public, Kristen G. Juras, Sydney F. Ansbacher, Robert K. Lincoln
Faculty Law Review Articles
In this article, the authors examine the various measures implemented by state and local governments to enhance public access to and use of government-owned tidelands, streambeds, and lake shores and how, although not necessarily titled as such, many of these measures result, without payment of compensation, in an easement allowing public access to and use of private waterfront property.
Section I describes the rights of riparian property owners and the right of the public to use government-owned shores and tidelands, followed by a general overview of various state legislative and judicial responses designed to address the conflicts that arise when …
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
20 slides
The Public Trust Doctrine: What A Tall Tale They Tell, Hope M. Babcock
The Public Trust Doctrine: What A Tall Tale They Tell, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Despite continuing hostility towards the public trust doctrine because of its potential to defeat private property rights and the will of elected representatives, the doctrine refuses to die. It continues to assure public access to and protection of certain natural resources of communal value; in fact, the doctrine's geographic reach and the activities it protects have expanded beyond its original conception. It is this doctrinal accretion that has drawn the attention of Professor James Huffman, who in a recent article criticizes the "ambitions" of public trust scholars who see in "an expansive public trust doctrine . . . a powerful …
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
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
6 pages.
"James May, Widener University School of Law" -- Agenda
A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown
A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown
Law Faculty Publications
For more than a century, conservation easements have been used in the United States to maintain open space or protect the environment. Such easements produce a public good. They increase the amount of protected landscapes by preserving property encumbered by easements from private development or consumption while simultaneously allowing grantors the flexibility to negotiate the retention of development rights tailored to meet the grantors' needs. My thesis is that private parties should have a common law property interest in conservation easements sufficient to confer standing to seek injunctive relief to enforce conservation easements and to sue for damages when they …
A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter
A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter
Publications
Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also important to analyze them through a property law lens. Indeed, the Supreme Court has treated the federal government's ownership of public lands as a basis for denying Indian religious freedoms claims. This Article contends that such holdings rely on an "ownership model" of property law wherein the rights of the …
Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock
Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Lucas v. South Carolina Coastal Council is one of several recent Supreme Court decisions in which the Court used the Just Compensation Clause as a "weapon of reaction" to strike down an offending land use restriction. In Lucas, the target of the Court's animus was a state law prohibiting a landowner from developing two beachfront lots. The South Carolina Supreme Court upheld the law as a legitimate exercise of the State's police power to protect the public from harm in the face of a takings challenge by the landowner. The U.S. Supreme Court rejected the South Carolina court's talismatic …
Has The U.S. Supreme Court Finally Drained The Swamp Of Takings Jurisprudence? The Impact Of Lucas V. South Carolina Coastal Council On Wetlands And Coastal Barrier Beaches, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This article argues that the Court's reliance on the law of property neither creates an internal inconsistency in takings law nor necessarily leads to further destruction of natural resources. Background principles of property law, such as custom and public trust, have long provided a basis for government protection of the public's interest in certain types of land, like the barrier beach David Lucas sought to develop.
Thus, the Lucas case need not be perceived as casting a constitutional cloud over laws protecting important ecosystems like wetlands and barrier beaches. The decision may not place these resources in greater danger from …
Constitutional And Congressional Requirements Directing Public Lands Decisionmaking, Joseph M. Feller
Constitutional And Congressional Requirements Directing Public Lands Decisionmaking, Joseph M. Feller
Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)
15 pages.
Contains references.
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
11 pages.
Contains 3 pages of references.
Changing Demand For Water In The West, Kenneth D. Frederick
Changing Demand For Water In The West, Kenneth D. Frederick
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
19 pages.
Contains references.
The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson
The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson
Publications
No abstract provided.
Legal Issues: San Francisco Bay, Sacramento-San Joaquin River Delta And Estuary, Stuart L. Somach
Legal Issues: San Francisco Bay, Sacramento-San Joaquin River Delta And Estuary, Stuart L. Somach
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
48 pages.
Contains footnotes.
Effects Of Upstream Transfers On Water Quality Permittees: A Summary Of Practical Problems And Solutions, Lee Kapaloski
Effects Of Upstream Transfers On Water Quality Permittees: A Summary Of Practical Problems And Solutions, Lee Kapaloski
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
19 pages.
Contains 3 pages of footnotes.
Assessment Of Water Quality Progress And Problems In The West, David H. Getches
Assessment Of Water Quality Progress And Problems In The West, David H. Getches
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
32 pages.
Contains references.
Oregon’S Minimum Perennial Streamflows, John Borden
Oregon’S Minimum Perennial Streamflows, John Borden
Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)
12 pages.
The Protection Of Instream Flows In Montana: A Legal-Institutional Perspective, Matthew J. Mckinney, Gary Fritz, Patrick Graham, Deborah Schmidt
The Protection Of Instream Flows In Montana: A Legal-Institutional Perspective, Matthew J. Mckinney, Gary Fritz, Patrick Graham, Deborah Schmidt
Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)
42 pages.
Contains references.
Conflicts Between Water Rights Administration And Water Quality Protection, Jan D. Laitos
Conflicts Between Water Rights Administration And Water Quality Protection, Jan D. Laitos
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
43 pages.
Integrating Water Quality Objectives With Traditional Water Rights In California: The Sacramento–San Joaquin Delta Case, Ronald B. Robie
Integrating Water Quality Objectives With Traditional Water Rights In California: The Sacramento–San Joaquin Delta Case, Ronald B. Robie
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
14 pages (includes 1 map).
Nurturing Public Values In The Water Resource—The Montana Way, Matthew W. Williams
Nurturing Public Values In The Water Resource—The Montana Way, Matthew W. Williams
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
21 pages.
Contains references.
Water As A Public Resource: The Legal Basis, Charles F. Wilkinson
Water As A Public Resource: The Legal Basis, Charles F. Wilkinson
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
37 pages.
Contains 2 pages of references.
Includes unsigned annotations by David Getches.
Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, and Charles F. Wilkinson.
This conference focused on the legal rights associated with a broad range of public uses and interests in water including recreation, fish and wildlife protection, and water quality. Evolving legal areas such as the public trust doctrine, instream flow laws, federal reserved rights, and wetlands protection were discussed.
Water as a Public Resource: Emerging Rights and Obligations considered the extension of the public trust doctrine to areas previously not covered by this concept, as well as developments in …
The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell
The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
34 pages.
Contains footnotes.
Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter
Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
13 pages.
Contains references.
Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer
Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer
Western Water Law in Transition (Summer Conference, June 3-5)
24 pages.
Contains references.
Administering Water Rights: The Permit System, Lawrence J. Wolfe
Administering Water Rights: The Permit System, Lawrence J. Wolfe
Western Water Law in Transition (Summer Conference, June 3-5)
69 pages.
Contains references.