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Articles 1 - 6 of 6

Full-Text Articles in Law

Why Does The Chesapeake Bay Need Litigators?, Jon A. Mueller, Joseph Tannery May 2006

Why Does The Chesapeake Bay Need Litigators?, Jon A. Mueller, Joseph Tannery

University of Richmond Law Review

No abstract provided.


New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Eric Ryan May 2006

New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Eric Ryan

University of Richmond Law Review

This article tells the stories of the disappearing wetlands ringing the Gulf Coast of Louisiana and the Chesapeake Bay of Virginia and Maryland, which are vanishing under different circumstances but bear the same message for environmental policy makers: more sophisticated natural resource planning is required to avoid the unanticipated consequences that can cause even wellintended policies to backfire. The stories suggest that a model of environmental assessment that better tracks the complex network characteristics of regional ecosystems would yield better long-term results, and this article proposes a network-based model that expands the lateral, temporal, and causal analysis of conventional environmental …


Amending Perpetual Conservation Easements: A Case Study Of The Myrtle Grove Controversy, Nancy A. Mclaughlin May 2006

Amending Perpetual Conservation Easements: A Case Study Of The Myrtle Grove Controversy, Nancy A. Mclaughlin

University of Richmond Law Review

This article explores the issue of amending perpetual conservation easements by examining the Myrtle Grove controversy, in which the National Trust for Historic Preservation in the United States (the "National Trust")" "conceptually approved" a request made by a successor owner of land encumbered by a perpetual conservation easement to substantially amend the easement. Several months later, as a result of public opposition to the amendments and a reassessment of its position, the National Trust withdrew that approval. The owner of the encumbered land subsequently filed a suit for breach of contract, and the National Trust and the Attorney General of …


Rapanos, Carabell, And The Isolated Man, Joel B. Eisen May 2006

Rapanos, Carabell, And The Isolated Man, Joel B. Eisen

University of Richmond Law Review

No abstract provided.


Checking In On The Chesapeake: Some Questions Of Design, Jonathan Cannon May 2006

Checking In On The Chesapeake: Some Questions Of Design, Jonathan Cannon

University of Richmond Law Review

The Chesapeake Bay Program ("the CBP" or "Program") has been widely celebrated as a model of collaborative management for large multijurisdictional watersheds and for ecosystem management more generally.' In an article published six years ago, I joined in the celebration.2 But recent events warrant consideration of whether restructuring of the program is called for. In this essay, I consider whether greater centralization of decisionmaking for the Bay would address recent criticisms of the Program and better protect the public interest. After evaluating two alternative forms for the Program involving greater centralization, I conclude that major restructuring is not in order. …


Book Review- Turning The Tide: Saving The Chesapeake Bay, Carl W. Tobias May 2006

Book Review- Turning The Tide: Saving The Chesapeake Bay, Carl W. Tobias

University of Richmond Law Review

Nearly a quarter century ago, the states of the Chesapeake Bay region entered a compact by which they meant to improve the declining environmental quality of this national treasure. Concerned about the Bay's accelerating degradation, these jurisdictions hoped that the agreement would enhance the situation or at least stop the deterioration. Ten years after that accord's consummation, Tom Horton evaluated whether progress had been achieved in improving the Bay's environmental health. The writer determined that the answer was inconclusive. When a second decade had passed since the compact's adoption, Horton decided that he would conduct another examination to determine what …