Law Commons^™

Whooping Cranes And Piping Plovers: Watershed Problem Solving On The Platte, Elizabeth Rieke, Gordon W. (Jeff) Fassett, University Of Colorado Boulder. Natural Resources Law Center

Whooping Cranes and Piping Plovers: Watershed Problem Solving on the Platte (April 27)

21 pages.

Includes illustrations, maps, and biographical information for Gordon W. Fassett and James S. Lochhead.

Habitat for species listed as endangered under federal law along the Platte River in Nebraska has been adversely affected by decreased river flows, resulting in federal legal barriers to further water development throughout the basin in three states. In June 1994 state and federal officials entered an agreement to develop a basin-wide recovery plan. Elizabeth Rieke, Assistant Secretary for Water & Science, Dept. of Interior, will discuss federal perspectives. Gordon (Jeff) Fassett, Wyoming State Engineer, and J. Michael (Mike) Jess, Nebraska …

Canada's International Forest Protection Obligations: A Case Of Promises Forgotten In British Columbia And Alberta, Paul Stanton Kibel

Publications

Part I of this Article sets forth Canada's,numerous international forest protection obligations. Part II reveals the pattern of forest destruction and provincial government corruption in British Columbia and Alberta. Part III examines why the Canadian federal government has thus far been reluctant to interfere with provincial forest management. The constitutional arguments supporting this "hands-off" policy are assessed and rejected. Therefore, this Article concludes that the Canadian federal government must ultimately be held accountable for provincial violations of international law.

Resource Law Notes Newsletter, No. 34, Spring Issue, Apr. 1995, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Alteration Of Wildlife Habitat As A Prohibited Taking Under The Endangered Species Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Current Issues In Environmental Law, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, W. Henry Graddy Iv, Jack C. Bender, Thomas W. Fitzgerald, Carl W. Breeding, Marcus P. Mcgraw, Phillip J. Shepherd, David J. Smart, Dennis J. Conniff, Lloyd R. Cress Jr., E. Douglas Stephan, James L. Dickinson, Todd E. Leatherman, Elizabeth U. Natter, W. Patrick Stallard, Rick L. Thomas, Bradley E. Dillon, Vanessa M. Berge, Ronald R. Van Stockum Jr.

Continuing Legal Education Materials

Materials from the Current Issues in Environmental Law seminar held by UK/CLE in April 1995.

The Landscape Of Reason: A Scheme For Representing Arguments Concerning Environmental, Health And Safety Effects Of Chemical Weapons Disposal In The Us, R. Steven Konkel, Edward Liebow, Judith A. Bradbury, Kristi M. Branch, Judith Heerwagen, Jenniffer Leyson

Environmental Health Science Faculty and Staff Research

To reduce the risk of environmental contamination and honor an international treaty, chemical weapons stored at eight locales around the US are slated for destruction. Incineration is the main choice of a National Research Council committee directed by Congress to weigh the hazards of alternative destruction technologies, but many citizens' groups remain unconvinced. The US Army, which must dispose of the dangerous chemicals, faces decisions about the choice of destruction technologies, as well as more specific questions concerning protection of environment, safety and public health once the technology choices are made. Based on more than 200 individual interviews and 40 …

Biodiversity Federalism, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Human Rights Environmentalism: Forging Common Ground, Gabriel Eckstein, Miriam Gitlin

Faculty Scholarship

Since the early 1970s, the international community has widely acknowledged the nexus between human rights and environmental protection. References to this association and even to a human right to some minimal quality of environment, can be found in numerous international instruments. The Stockholm Declaration on the Human Environment, for example, proclaims that human beings have the "fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being." Similarly, the Additional Protocol to the American Convention on Human Rights states that "everyone shall have the right to live …

Its Time For A State Environmental Policy Act, Denise D. Fort

Faculty Scholarship

What single law should be the first step in protecting New Mexico's environment from the consequences of our cascading population? My nomination would go to a State Environmental Policy Act, commonly called a "state NEPA." These laws are on one level very simple, requiring only that state governments "stop and think" before taking actions with significant environmental costs. After twenty-five years of experience with the federal National Environmental Policy Act (NEPA), however, we know that a law that allows citizens input into governmental action has a profound effect on governmental action.

Betting On Open Space: The Great Outdoors Colorado Trust Fund, Will Shafroth, Rick Hum, University Of Colorado Boulder. Natural Resources Law Center

Betting on Open Space: The Great Outdoors Colorado Trust Fund (February 9)

17 pages.

Includes illustrations, maps, and biographical information for Will Shafroth and Rick Hum.

In 1992 Colorado voters approved the dedication of a portion of lottery proceeds to a trust fund for parks, wildlife, trails and open spaces. The fund will produce over $30 million during the next five years, and $35 million annually thereafter that will be dedicated to these purposes. Will Shafroth, Director, State Board of the Great Outdoors Colorado Trust Fund, will discuss the first 18 months of GOCO and future challenges. Rick Hum, Summit County Commissioner, will comment on the program from the perspective of local …

The Stable Door Is Open: New York's Statutes To Protect Farm Land, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Daniel Webster, in his Remarks on Agriculture, asserted that "When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." If Webster is right, civilization in New York State is floundering. Dutchess County recently witnessed the closing of the county's oldest dairy operation, Kay-Ray Farm. With Kay-Ray gone, Dutchess now has just over 50 farms left, down from over 100 in 1987 and from nearly 300 in 1972. What happened to this farm and this county is happening, to varying degrees, throughout the state. Legislatively, we have left the barn door ajar and the state's productive …

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

Economic Incentives And Nonpoint Source Pollution: A Case Study Of California's Grasslands Region, Brian E. Gray, Chelsea H. Congdon, Terry F. Young

Faculty Scholarship

No abstract provided.

Challenges To Environmental Law, John D. Leshy

Faculty Scholarship

No abstract provided.

Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull

LLM Theses and Essays

As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …

In Search Of Accountability: The Legislative Re-Invention Of Environmental Law And Policy In Indiana, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

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.

State Reactions To The Trading Of Emissions Allowances Under Title Iv Of The Clean Air Act Amendments Of 1990, Deborah M. Mostaghel

Publications

To cut down on the S02 emissions from coal-fired electric utilities, Title IV creates a two-pronged approach. First, it sets a national cap on emissions. Title IV allocates to each utility a number of pollution allowances to emit a certain amount of S02.11 The sum of all the allowances equals the nationwide cap. Second, Title IV recasts S02 as a commodity. If a utility does not need all of its allowances in a particular year, it may either trade them on a public exchange, or it may arrange private sales to a utility that needs more allowances to stay within …

Some Thoughts On The North American Free Trade Agreement, Political Stability And Environmental Equity, Colin Crawford

Publications

This Article will focus on NAFTA and NAFTA's supplemental environmental side agreement - the North American Agreement on Environmental Cooperation (Supplemental Agreement) -in light of recent events. In doing so, it will suggest that recent events in Chiapas demand a re-evaluation of NAFTA's environmental protections. This is not at all to suggest that stronger environmental protection alone would avert future Zapatista insurrections. The inequities of Mexican land distribution and the poverty of southern Mexican states such as Chiapas have historical roots that will hardly be rectified by more vigorous enforcement of environmental laws.

The argument is divided into two main …

Tenant's Handbook: Your Legal Right To Lead Safe Housing

Environmental Law and Justice Clinic

This Handbook is intended as advisory and informational guidance only. It is designed for tenants who are interested in their rights regarding lead safe housing. The information contained herein is not intended as legal advise per se, because the law can be interpreted differently depending upon the particular facts of each case. While every precaution has been taken in preparation of this Handbook, the author and publisher assume no responsibility for errors or omissions. Neither is any liability assumed for damages resulting from the use of information contained herein.

The Reauthorization Of Superfund: The Public Works Alternative, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

The Reauthorization Of Superfund: Can The Deal Of The Century Be Saved?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

A Great Loneliness Of Spirit, Charles F. Wilkinson

Publications

No abstract provided.

Resource Law Notes Newsletter, No. 33, Winter Issue, Jan. 1995, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

To Dream The Impossible Dream: Globalization And Harmonization Of Environmental Laws, 20 N.C. J. Int'l L. & Com. Reg. 205 (1995), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Introduction: Policy In The Wake Of The Kepone Incident, Joel B. Eisen

Law Faculty Publications

The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.

Northern Rockies Report On 1994 Natural Resources Legislation, Carl W. Tobias

Law Faculty Publications

I want to report on certain political developments in the Big Sky states which will help to illuminate why 1994 was such a dismal year for national legislation relating to Montana natural resources by emphasizing the ongoing wilderness debate. Representative Pat Williams (D-Mont.), who fist won election to the House of Representatives in 1978, developed, introduced and skillfully shepherded through the House a wilderness bill that would have created approximately 1.7 million acres of new wilderness. The legislation would also have released much land for multiple use, particularly for resource development, and would have designated considerable additional acreage for further …

The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli

Scholarly Works

No abstract provided.

Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams

Articles in Law Reviews & Other Academic Journals

The fall of communism and the subsequent opening of Central and Eastern Europe (CEE) have revealed a regional ecosystem under serious strain after over forty years of communist stewardship. Although the entire region suffers from an exploited ecosystem, particular destruction has occurred in the border regions of the CEE states. The substantial environmental destruction and continuing degradation in these border regions give rise to a number of transboundary environmental disputes, which must be resolved if the situation is to be alleviated.'

Environment And Trade Concepts And Principles Of International Law: An Introduction, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.