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- Natural Resources Law (50)
- Environmental Sciences (49)
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- Public Affairs, Public Policy and Public Administration (46)
- Social and Behavioral Sciences (46)
- Environmental Law (41)
- Environmental Policy (41)
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- Property Law and Real Estate (20)
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- Biodiversity (12)
- President/Executive Department (12)
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- Institution
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- Publication
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- 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) (12)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (8)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (6)
- Publications (4)
- GW Law Faculty Publications & Other Works (3)
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- Public Land & Resources Law Review (3)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (3)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (3)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (2)
- Air Quality Impacts from Oil and Gas Development (January 27) (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Books, Reports, and Studies (1)
- Celebrating the Great Law: The Wilderness Act at 50 (September 4-5) (1)
- Coalbed Methane Development in the Intermountain West (April 4-5) (1)
- Energy Field Tour 2003 (August 11-16) (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
- Kimberly Hausbeck (1)
- Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28) (1)
- Nevada Law Journal (1)
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (1)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (1)
- Robert L. Glicksman (1)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (1)
- The Future of Natural Resources Policy (December 6) (1)
- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (1)
- Touro Law Review (1)
- Water and Growth in the West (Summer Conference, June 7-9) (1)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (1)
- Publication Type
Articles 1 - 30 of 65
Full-Text Articles in Law
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Touro Law Review
No abstract provided.
Native Ecosystems Council V. Marten, Rebecca A. Newsom
Native Ecosystems Council V. Marten, Rebecca A. Newsom
Public Land & Resources Law Review
In Native Ecosystems Council v. Marten, the Ninth Circuit found that the United States Forest Service did not violate the Endangered Species Act, National Forest Management Act, or National Environmental Policy Act, when it proposed the Lonesome Wood Vegetation Management 2 Project in the Gallatin National Forest of Montana, even though the decision was inconsistent with the United States Forest Service’s reports. The Ninth Circuit’s holding demonstrated the wide amount of deference the courts will give the Forest Service when determining the best available scientific data.
Legal Adaptive Capacity: How Program Goals And Processes Shape Federal Land Adaptation To Climate Change, Robert L. Glicksman, Alejandro E. Camacho
Legal Adaptive Capacity: How Program Goals And Processes Shape Federal Land Adaptation To Climate Change, Robert L. Glicksman, Alejandro E. Camacho
GW Law Faculty Publications & Other Works
The degree to which statutory goals are pliable is likely to affect significantly the ability of an agency with regulatory or management responsibilities to achieve those objectives in the face of novel challenges or changing circumstances. This Article explores this dynamic by comparing the degree of “give” provided by the goals of the regimes governing management of the five types of federal public lands in responding to the challenges posed by climate change. It asserts that the extent of climate change adaptation in which an agency engages is influenced by a program’s legal adaptive capacity — the mutability of the …
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Cottonwood Environmental Law Center V. United States Forest Service, Maresa A. Jenson
Cottonwood Environmental Law Center V. United States Forest Service, Maresa A. Jenson
Public Land & Resources Law Review
Overturning thirty-year-old precedent, Cottonwood Environmental Law Center v. United States Forest Service held that merely proving a procedural violation of the ESA is no longer enough to show irreparable injury in support of injunctive relief. The Ninth Circuit affirmed summary judgment for Cottonwood, concluding the Forest Service violated the ESA by not reinitiating consultation, but declined to provide injunctive relief because Cottonwood failed to show irreparable injury to the Canadian lynx.
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
Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society
Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society
Celebrating the Great Law: The Wilderness Act at 50 (September 4-5)
"A conference sponsored by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Wilderness Society."
On September 3, 2014, the National Wilderness Preservation System—established and protected by the Wilderness Act of 1964—celebrates its 50th anniversary. We are gathering on September 4th and 5th to celebrate Wilderness—“ornery old wilderness, scratchy, sweaty, and distant, but sacred every step of the way”—and to commemorate the great law so central to its protection.
This is not an ordinary conference, full of dry presentations or heated policy debates. Instead, this will be a full-throated love song to wild country. We have brought …
Grazing In Wilderness Areas, Mark Squillace
Grazing In Wilderness Areas, Mark Squillace
Publications
Domestic livestock grazing is naturally in tension with wilderness. Wilderness areas are not truly "untrammeled by man" when they host managed livestock grazing. Yet the compromise that allowed livestock grazing in wilderness areas was surely one of the greatest in the history of the conservation movement. Without it, Congress might never have passed a wilderness bill or designated countless wilderness areas throughout the country. The grazing exception--and the Congressional Grazing Guidelines that afford specific protections for grazers--made it possible to secure bipartisan support for wilderness bills in even the most conservative western states.
Notwithstanding this success, the ecology of some …
Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture
Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture
The Future of Natural Resources Policy (December 6)
57 pages.
"Fiscal Year 2013 Budget Overview"
"February 2012"
"Background Reading"
The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.
Slides: Air Monitoring And Litigation Update, John Jacus
Slides: Air Monitoring And Litigation Update, John Jacus
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities
23 slides
Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis
Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis
Publications
No abstract provided.
Slides: Climate Change Adaptation And The Federal Lands, Robert L. Glicksman
Slides: Climate Change Adaptation And The Federal Lands, Robert L. Glicksman
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School (Washington, D.C.)
12 slides
You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong
You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong
Nevada Law Journal
This Note examines both the physical and regulatory takings of water rights found in Estate of Hage and provides an analysis of how takings law should apply to water rights. Part II of this Note provides a brief background of takings law under the Fifth Amendment of the Constitution with a focus on case law involving water rights. Parts III and IV review the history of the Estate of Hage case and focus on the recent Estate of Hage decision, including Judge Smith's logic for finding that there was a taking of water rights. In Part V, this Note analyzes …
Bridging Data Gaps Through Modeling And Evaluation Of Surrogates: Use Of The Best Available Science To Protect Biological Diversity Under The National Forest Management Act, Robert L. Glicksman
Bridging Data Gaps Through Modeling And Evaluation Of Surrogates: Use Of The Best Available Science To Protect Biological Diversity Under The National Forest Management Act, Robert L. Glicksman
Robert L. Glicksman
The implementation of environmental law and policy typically proceeds in the face of scientific uncertainty. Despite this pervasive uncertainty, Congress has directed environmental and resource management agencies to ground their policy decisions in science. Agencies sometimes cope with the paradox of making science-based decisions in the face of uncertainty by using scientific models or other surrogacy techniques to simulate reality. Such simulation enables agencies to conform to their statutory responsibilities to base decisions on scientific considerations, even though a complete understanding of the relationships between their actions and the resulting environmental effects may be beyond their current capabilities.
This article …
Bridging Data Gaps Through Modeling And Evaluation Of Surrogates: Use Of The Best Available Science To Protect Biological Diversity Under The National Forest Management Act, Robert L. Glicksman
Bridging Data Gaps Through Modeling And Evaluation Of Surrogates: Use Of The Best Available Science To Protect Biological Diversity Under The National Forest Management Act, Robert L. Glicksman
GW Law Faculty Publications & Other Works
The implementation of environmental law and policy typically proceeds in the face of scientific uncertainty. Despite this pervasive uncertainty, Congress has directed environmental and resource management agencies to ground their policy decisions in science. Agencies sometimes cope with the paradox of making science-based decisions in the face of uncertainty by using scientific models or other surrogacy techniques to simulate reality. Such simulation enables agencies to conform to their statutory responsibilities to base decisions on scientific considerations, even though a complete understanding of the relationships between their actions and the resulting environmental effects may be beyond their current capabilities.
This article …
Sustainable Federal Land Management: Protecting Ecological Integrity And Preserving Environmental Principal, Robert L. Glicksman
Sustainable Federal Land Management: Protecting Ecological Integrity And Preserving Environmental Principal, Robert L. Glicksman
GW Law Faculty Publications & Other Works
This article explores the application of the principles of sustainability to management of lands and resources under the jurisdiction of the U.S. Forest Service and the Bureau of Land Management. These two agencies operate a mandate to manage the resources under their control to achieve sustained yield. In this context, sustainability has operated to date primarily in an aspirational fashion, as a broad objective of public land management, rather than as a useful management tool or an enforceable constraint on agency management discretion. The article urges the adoption of amendments to the laws under which the Forest Service and the …
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: Forests And Grasslands, Federico Cheever
Slides: Forests And Grasslands, Federico Cheever
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Professor Federico Cheever, University of Denver Sturm College of Law
30 slides
The Little Engine That Could - The Success Of The Stewardship Contracting Authority, Kimberly Hausbeck
The Little Engine That Could - The Success Of The Stewardship Contracting Authority, Kimberly Hausbeck
Kimberly Hausbeck
For decades, environmentalists have resented the manner in which United States Forest Service personnel have managed the national forests. Similarly, local forest communities have often found themselves in conflict with the Forest Service. A temporary and experimental measure, enacted by Congress in the FY 1999 Omnibus Appropriations Act, exhibits significant potential to resolve these conflicts by improving the Forest Service’s ecological administration of the forests and repairing its tattered relationship with local forest communities. This legislative action, which merely changed the manner in which the Forest Service is permitted to contract for goods and services with the public, has quietly …
Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center
Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center
Energy Field Tour 2003 (August 11-16)
11 pages (includes some color illustrations and maps).
Contains references.
Concluding Comments, Mark Pearson
Concluding Comments, Mark Pearson
Coalbed Methane Development in the Intermountain West (April 4-5)
3 pages.
Environmental Impacts Of New Solutions: Two Case Studies, Lori Potter, Michael Freeman
Environmental Impacts Of New Solutions: Two Case Studies, Lori Potter, Michael Freeman
Water and Growth in the West (Summer Conference, June 7-9)
32 pages.
Contains footnotes and references.
A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson
A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson
Publications
No abstract provided.
Federal Water Rights In The Snake River Basin Adjudication, Michael A. Gheleta
Federal Water Rights In The Snake River Basin Adjudication, Michael A. Gheleta
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
34 pages (includes maps).
Innovations In Forestry: Funding Forest Plans, University Of Colorado Boulder. Natural Resources Law Center
Innovations In Forestry: Funding Forest Plans, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
1 folded sheet (6 p : ill..) ; 28 cm
The New Challenge Of Outdoor Recreation, Roz Mcclellan
The New Challenge Of Outdoor Recreation, Roz Mcclellan
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
5 pages.
Using Citizen Suits To Protect Biodiversity, William Snape
Using Citizen Suits To Protect Biodiversity, William Snape
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Over the past several decades, environmental advocates have expended enormous effort attempting to pass laws that protect air, water, land and species.' But even the best written laws will not be effective unless they are implemented. At the federal level, most modern environmental statutes include enforcement mechanisms that allow for the active involvement of the public. The most common of these are provisions authorizing citizen suits and public comments on proposed agency actions. The rationale for this public involvement is simply that federal agencies sometimes do not enforce or obey the laws they are charged to uphold. For instance, …
What Can We Learn From Past Reform Efforts, R. Max Peterson
What Can We Learn From Past Reform Efforts, R. Max Peterson
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)
7 pages.
Contains footnotes and references.
The Need For A New Nfma Planning Rule, Jack Ward Thomas
The Need For A New Nfma Planning Rule, Jack Ward Thomas
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)
7 pages.