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Full-Text Articles in Law

Planning For A Bull Market For Wetlands, Fred P. Bosselman Feb 2009

Planning For A Bull Market For Wetlands, Fred P. Bosselman

All Faculty Scholarship

Until recently, wetlands had value in the marketplace only as targets for destruction. Today, wetlands often have market value for uses that do not require that they be dredged and filled. Such opportunities include: 1. Carbon storage offsets for greenhouse gas emissions; 2. Mitigation banks for destruction of other wetlands; 3. Conservation banks for wildlife protection; 4. Tradable water quality protection rights; 5. Sites for growing algae or other biofuel crops. These new uses have valid public benefits, but most laws and ordinances were not written with these possibilities in mind. Planners and lawyers need to think about ways to …


Swamp Swaps: The "Second Nature" Of Wetlands, Fred P. Bosselman Jan 2009

Swamp Swaps: The "Second Nature" Of Wetlands, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Resolving The Spent Fuel Issue For New Nuclear Power Plants, Fred P. Bosselman Jan 2008

Resolving The Spent Fuel Issue For New Nuclear Power Plants, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock Aug 2007

Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock

All Faculty Scholarship

Professor William Rodgers is one of the handful of legal academics who have shaped and influenced environmental law since it was created out of whole cloth in the late 1960s. The staggering quantity, quality, breadth, and creativity of his scholarship are perhaps unrivaled among his peers. It is easy to criticize the gap between the environmental problems that society faces and the inadequate legal tools and institutions that we have created to confront them. Professor Rodgers has always been able to see both the deep flaws in environmental law and the possibilities for more responsive legal regimes.


Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock Mar 2005

Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock

All Faculty Scholarship

Natural resource regulation is heavily "scientized," by which we mean both that the current regulatory structure requires the use of science in a wide range of decisions, and that decisionmakers generally emphasize the role of science in those decisions. Nonetheless, critics on all sides of the political spectrum claim to believe that regulatory decisions remain too political and insufficiently scientific. Administration of the Endangered Species Act (ESA) in the Klamath Basin illustrates the challenges of scientifically managing nature. A series of science-based decisions are needed, from species listing to consultation on federal actions. Those decisions carry substantial costs for the …


A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock Mar 2004

A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Ecological Science For Lawyers: A Book Review, Fred P. Bosselman Jan 2004

Ecological Science For Lawyers: A Book Review, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


A Dozen Biodiversity Puzzles, Fred P. Bosselman Jan 2004

A Dozen Biodiversity Puzzles, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock Mar 2003

Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman Feb 2002

What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock Mar 2001

Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock Mar 2001

Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock Mar 1999

Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Is The Environmental Movement A Critical Internet Technology?, Henry H. Perritt Jr. Mar 1997

Is The Environmental Movement A Critical Internet Technology?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock Mar 1997

Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock Mar 1997

The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman Jan 1997

The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Environmental Law: Ethics Or Science, A. Dan Tarlock Mar 1996

Environmental Law: Ethics Or Science, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock Mar 1996

Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman Jan 1996

Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Biodiversity Federalism, A. Dan Tarlock Mar 1995

Biodiversity Federalism, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker Jan 1995

Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock Mar 1994

City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Tthe Nonequilibrium Paradigm In Ecology And The Partial Unraveling Of Environmental Law, A. Dan Tarlock Mar 1994

Tthe Nonequilibrium Paradigm In Ecology And The Partial Unraveling Of Environmental Law, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Influence Of Ecological Science On American Law: An Introduction (With Fred P. Bosselman), A. Dan Tarlock Mar 1994

The Influence Of Ecological Science On American Law: An Introduction (With Fred P. Bosselman), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Four Land Ethics: Order, Reform, Responsibility, Opportunity, Fred P. Bosselman Jan 1994

Four Land Ethics: Order, Reform, Responsibility, Opportunity, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Symposium, Ecology And The Law (With A. Dan Tarlock) (Co-Editors), Fred P. Bosselman Jan 1994

Symposium, Ecology And The Law (With A. Dan Tarlock) (Co-Editors), Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


The Influence Of Ecological Science On American Law: An Introduction In Symposium, Ecology And The Law (With A. Dan Tarlock), Fred P. Bosselman Jan 1994

The Influence Of Ecological Science On American Law: An Introduction In Symposium, Ecology And The Law (With A. Dan Tarlock), Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Local Protection Of Biodiversity: What Is Its Niche?, A. Dan Tarlock Mar 1993

Local Protection Of Biodiversity: What Is Its Niche?, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Environmental Protection: The Potential Misfit Between Equity And Efficiency, A. Dan Tarlock Mar 1992

Environmental Protection: The Potential Misfit Between Equity And Efficiency, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.