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- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (16)
- Faculty Scholarship (14)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (13)
- 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) (13)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (12)
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- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (12)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (12)
- Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10) (11)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (11)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (10)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (8)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (8)
- Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25) (7)
- Articles (6)
- Air Quality Protection in the West (November 27-28) (5)
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (5)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (5)
- Celebrating the Centennial of the Antiquities Act (October 9) (4)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (4)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (4)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (3)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (3)
- Faculty Publications (2)
- Faculty Scholarly Works (2)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (2)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (2)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (2)
- Publications (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (2)
Articles 31 - 60 of 215
Full-Text Articles in Law
The Other Delegate: Judicially Administered Statutes And The Nondelegation Doctrine, Margaret H. Lemos
The Other Delegate: Judicially Administered Statutes And The Nondelegation Doctrine, Margaret H. Lemos
Faculty Scholarship
The nondelegation doctrine is the subject of a vast and everexpanding body of scholarship. But nondelegation literature, like nondelegation law, focuses almost exclusively on delegations of power to administrative agencies. It ignores Congress's other delegate-the federal judiciary.
This Article brings courts into the delegation picture. It demonstrates that, just as agencies exercise a lawmaking function when they fill in the gaps left by broad statutory delegations of power, so too do courts. The nondelegation doctrine purports to limit the amount of lawmaking authority Congress can cede to another institution without violating the separation of powers. Although typically considered only with …
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
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law
77 slides
Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle
Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Tim Randle, Manager, Sedimentation and River Hydraulic Group, U.S. Bureau of Reclamation
58 slides
The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle
The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
4 pages.
"John Nagle, Univ. of Notre Dame Law School" -- Agenda
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
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
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"
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"
Regulatory Beneficiaries And Informal Agency Policymaking, Nina A. Mendelson
Regulatory Beneficiaries And Informal Agency Policymaking, Nina A. Mendelson
Articles
Administrative agencies frequently use guidance documents to set policy broadly and prospectively in areas ranging from Department of Education Title IX enforcement to Food and Drug Administration regulation of direct-to-consumer pharmaceutical advertising. In form, these guidances often closely resemble the policies agencies issue in ordinary notice-and-comment rulemaking. However, guidances are generally developed with little public participation and are often immune from judicial review. Nonetheless, guidances can prompt significant changes in behavior from those the agencies regulate. A number of commentators have guardedly defended the current state of affairs. Though guidances lack some important procedural safeguards, they can help agencies supervise …
The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon
The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon
Celebrating the Centennial of the Antiquities Act (October 9)
3 pages.
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
13 pages.
Includes bibliographical references
Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Celebrating the Centennial of the Antiquities Act (October 9)
For 100 years, the Antiquities Act has been used by nearly every President in the 20th century to set aside and protect lands threatened with privatization and development. The list of lands first protected under the Antiquities Act – and that might never have been protected without it – is truly remarkable. Many of our most treasured national parks including the Grand Canyon, Olympic, Zion, Arches, Glacier Bay, and Acadia, began as national monuments. All told, Presidents have issued 123 proclamations setting aside millions of acres of land under the Antiquities Act.
The Natural Resources Law Center and the Center …
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor James R. Rasband, Brigham Young University School of Law
20 slides
When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo
When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo
Faculty Scholarship
This paper analyzes how electronic rulemaking is affecting the propensity of interest groups to file comments and replies at the Federal Communications Commission. The paper shows that exogenous events and a handful of issues drive filing behavior. Implications of the analysis are discussed.
Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky
Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky
Faculty Scholarship
No abstract provided.
Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman
Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Peter Zimmerman, Canadian Parks and Wilderness Society
19 slides
Chevron And Preemption, Nina A. Mendelson
Chevron And Preemption, Nina A. Mendelson
Articles
This Article takes a more functional approach to reconciling preemption doctrine with Chevron when Congress has not expressly delegated preemptive authority to an agency, an approach that considers a variety of concerns, including political accountability, institutional competence, and related concerns. The Article assumes that federalism values, such as ensuring core state regulatory authority and autonomy, are important and can be protected through political processes." It argues that although Congress's "regional structure" might hint at great sensitivity to state concerns, it actually may lead Congress to undervalue some federalism benefits that are more national in nature. Meanwhile, executive agencies generally have …
Agency Burrowing: Entrenching Policies And Personnel Before A New President Arrives, Nina A. Mendelson
Agency Burrowing: Entrenching Policies And Personnel Before A New President Arrives, Nina A. Mendelson
Articles
This Article examines executive branch agency actions concluded just before a new President takes office, such as "midnight" rulemaking and late-term hiring and promotion, which Professor Mendelson collectively refers to as "agency burrowing." Congress, the media, and some commentators have portrayed such activities as unsavory power grabs that undermine the President-elect's ability to direct the functions of administrative agencies. Rather than dismissing agency burrowing out of hand, however, Professor Mendelson argues for a more nuanced approach. In some cases, burrowing can make positive contributions to the democratic responsiveness of agencies, agency accountability, and the "rule of law." A fuller analysis …
Clarifying State Water Rights And Adjudications, Greg Hobbs
Clarifying State Water Rights And Adjudications, Greg Hobbs
Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)
14 pages.
Contains footnotes.
Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery
Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
13 pages.
Contains footnotes.
Federal Facilitation Of Water Rights Negotiations In The West, Mike Connor
Federal Facilitation Of Water Rights Negotiations In The West, Mike Connor
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
11 pages.
The Esa: Oil And Water?, Joseph L. Sax
The Esa: Oil And Water?, Joseph L. Sax
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
4 pages.
Basin-Wide Adjudications In The West: What Works, What Doesn’T?, Ramsey L. Kropf
Basin-Wide Adjudications In The West: What Works, What Doesn’T?, Ramsey L. Kropf
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
18 pages.
Contains 2 pages of references.
Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown
Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
12 pages.
Market Solutions To Public Recreation Finance: Creating User-Supported Parks, Donald R. Leal
Market Solutions To Public Recreation Finance: Creating User-Supported Parks, Donald R. Leal
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
11 pages.
Contains 1 page of references.
Market Solutions To Public Recreation Finance: The Texas State Parks Example, Donald R. Leal
Market Solutions To Public Recreation Finance: The Texas State Parks Example, Donald R. Leal
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
11 pages.
Contains 1 page of references.
The Limitations Of A Market-Based Outdoor Recreation Policy: Reasons For Caution, Scott Silver
The Limitations Of A Market-Based Outdoor Recreation Policy: Reasons For Caution, Scott Silver
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
13 pages (includes illustrations).
Contains references.
Field Level Conflict Management In Outdoor Recreation, Arden Anderson
Field Level Conflict Management In Outdoor Recreation, Arden Anderson
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
16 pages.
Contains references.
Western Water Development: Visions Of The Future, Bennett W. Raley
Western Water Development: Visions Of The Future, Bennett W. Raley
Dams: Water and Power in the New West (Summer Conference, June 2-4)
14 pages.