Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Faculty Scholarship

Environmental Law

University of California, Irvine School of Law

Articles 1 - 8 of 8

Full-Text Articles in Law

Improving Emerging Regulatory Experiments In Permit Process Coordination For Endangered Species And Aquatic Resources In California, Alejandro E. Camacho, Elizabeth M. Taylor, Melissa L. Kelly, Stephanie L. Talavera Feb 2016

Improving Emerging Regulatory Experiments In Permit Process Coordination For Endangered Species And Aquatic Resources In California, Alejandro E. Camacho, Elizabeth M. Taylor, Melissa L. Kelly, Stephanie L. Talavera

Faculty Scholarship

The interconnected relationship between California’s wetlands and endangered species has spurred recent efforts to coordinate endangered species permitting under federal and state endangered species laws with freshwater aquatic resource permits under the federal Clean Water Act and analogous state laws. The University of California, Irvine School of Law Center for Land, Environment, and Natural Resources surveyed these emerging permit coordination efforts among several proposed and existing California Habitat Conservation Plans/Natural Community Conservation Plans. This Article explores these nascent initiatives, including the coordinating tools they have tested, the anticipated benefits, and the already observed challenges. Preliminary evidence suggests that ...


Laudato Si’, Joseph F.C. Dimento Nov 2015

Laudato Si’, Joseph F.C. Dimento

Faculty Scholarship

No abstract provided.


Lessons From Area-Wide, Multi-Agency Habitat Conservation Plans In California, Alejandro E. Camacho, Elizabeth M. Taylor, Melissa L. Kelly Jan 2015

Lessons From Area-Wide, Multi-Agency Habitat Conservation Plans In California, Alejandro E. Camacho, Elizabeth M. Taylor, Melissa L. Kelly

Faculty Scholarship

How can the Endangered Species Act and other conservation programs cope with population and development pressures, the current biodiversity crisis, and climate change? Over 30 years ago, public and private partners in California pioneered the concept of inter-governmental habitat conservation planning in an attempt to balance the competing demands of developing desirable land and the need to provide sufficient habitat to protect species at risk. The evolution of this early innovation in governance provides valuable insights for the many ensuing and emerging federal and state initiatives seeking to promote landscape-level inter-agency planning. This report, prepared by the University of California ...


Community Benefit Agreements: A Symptom, Not The Antidote, Of Bilateral Land Use Regulation, Alejandro E. Camacho Jan 2013

Community Benefit Agreements: A Symptom, Not The Antidote, Of Bilateral Land Use Regulation, Alejandro E. Camacho

Faculty Scholarship

Community Benefits Agreements (CBAs)—private agreements between land developers and community members exchanging benefits for support or tolerance of a project—have recently emerged as part of a larger movement in American land use regulation away from a unilateral, government-dominated model toward a more negotiated paradigm. Unfortunately, though they arose in part to address issues found in the predominantly bilateral negotiated model, CBAs have been accompanied by significant problems of their own. Most notably, concerns such as whether to engage in a CBA process, the appropriate framework for negotiation, and the relationship of CBAs to the public regulatory-approval process are ...


Transforming The Means And Ends Of Natural Resource Management, Alejandro E. Camacho Jan 2011

Transforming The Means And Ends Of Natural Resource Management, Alejandro E. Camacho

Faculty Scholarship

This Article considers how prominent goals of natural resources law and the prevailing model of regulatory decision making combine to limit the capacity of natural resources governance to manage the effects of climate change. The Article explores the implications of continuing to rely on conventionally static and fragmented decision making, passive management, and historical preservation when global climatic shifts are widely expected to lead to rapid changes in ecological systems that are unforeseen, novel, and potentially detrimental to ecological diversity and function. This emphasis of natural resources management on stasis arises from the legal system’s discomfort with integrating and ...


Collaborative Planning And Adaptive Management In Glen Canyon: A Cautionary Tale, Alejandro E. Camacho, Lawrence E. Susskind, Todd Schenk Jan 2010

Collaborative Planning And Adaptive Management In Glen Canyon: A Cautionary Tale, Alejandro E. Camacho, Lawrence E. Susskind, Todd Schenk

Faculty Scholarship

The Glen Canyon Dam Adaptive Management Program (AMP) has been identified as a model for natural resource management. We challenge that assertion, citing the lack of progress toward a long-term management plan for the dam, sustained extra-programmatic conflict, and a downriver ecology that is still in jeopardy, despite over ten years of meetings and an expensive research program. We have examined the primary and secondary sources available on the AMP’s design and operation in light of best practices identified in the literature on adaptive management and collaborative decision-making. We have identified six shortcomings: (1) an inadequate approach to identifying ...


Adapting Governance To Climate Change: Managing Uncertainty Through A Learning Infrastructure, Alejandro E. Camacho Jan 2009

Adapting Governance To Climate Change: Managing Uncertainty Through A Learning Infrastructure, Alejandro E. Camacho

Faculty Scholarship

Though legislatures and agencies are considering how to prevent further climate change, some adverse effects from a warming climate are already inevitable. Adapting to these effects is essential, but regulators and scholars have largely neglected this need. This Article evaluates the capacity of natural resource governance to cope with the effects of climate change, and provides a framework for Congress to help it do so.

The Article identifies unprecedented uncertainty as the paramount impediment raised by climate change, and demonstrates how existing fragmented governance is poorly adapted to deal with this challenge. Drawing on lessons from prior regulatory experiments, it ...


Climate Change And Regulatory Fragmentation In The Great Lakes Basin, Alejandro E. Camacho Jan 2008

Climate Change And Regulatory Fragmentation In The Great Lakes Basin, Alejandro E. Camacho

Faculty Scholarship

No abstract provided.