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- University of Colorado Law School (69)
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- SelectedWorks (2)
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- University of Baltimore Law (2)
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- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (6)
- Articles by Maurer Faculty (4)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (4)
- Michigan Journal of International Law (4)
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- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (4)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (4)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (3)
- Books, Reports, and Studies (3)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (3)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (3)
- 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) (3)
- All Faculty Scholarship (2)
- Aquatic Ecology Symposium (2)
- Best Practices for Community and Environmental Protection (October 14) (2)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (2)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (2)
- Michigan Journal of Environmental & Administrative Law (2)
- Michigan Law Review (2)
- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (2)
- Sustainable Development Law & Policy (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (1)
- Betting on Open Space: The Great Outdoors Colorado Trust Fund (February 9) (1)
- Celebrating the Centennial of the Antiquities Act (October 9) (1)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (1)
- Coalbed Methane Development in the Intermountain West (April 4-5) (1)
- Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8) (1)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (1)
- Drawing the Blueprint for a Sustainable Natural Gas Future (January 18) (1)
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Articles 1 - 30 of 100
Full-Text Articles in Law
Tarnished Gold: The Endangered Species Act At 50, Jonathan H. Adler
Tarnished Gold: The Endangered Species Act At 50, Jonathan H. Adler
FIU Law Review
The ESA is arguably the most powerful and stringent federal environmental law on the books. Yet for all of the Act’s force and ambition, it is unclear how much the law has done much to achieve its central purpose: the conservation of endangered species. The law has been slow to recover listed species and has fostered conflict over land use and scientific determinations that frustrate cooperative conservation efforts. The Article aims to take stock of the ESA’s success and failures during its first fifty years, particularly with regard the conservation of species habitat on private land. While the Act authorizes …
Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan
Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan
Sustainable Development Law & Policy
Oil and gas extraction on public lands and waters is responsible for twenty percent of U.S. greenhouse gas emissions. If American public lands were their own country, they would be the fifth-largest greenhouse gas emitter in the world. As of 2020, only twenty percent of total U.S. electricity generation came from renewable energy sources. While renewable energy development on public lands has increased, most renewable energy comes from private lands. However, public lands contain immense renewable energy potential; for example, it is estimated that half of this country’s geothermal resources are found on public lands. Despite underutilized renewable energy potential …
Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire
Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire
Sustainable Development Law & Policy
Introduction
The source or initial crime in the illegal wildlife trade chain is mostly committed beyond the shores of North America and Europe. However, the two regions continue to be massive destination markets and key transit hubs for illegal wildlife products. Illegal trade networks are shadowy and therefore problematic to study. This helps explain the wide valuation of illegal wildlife trade currently estimated by the Global Environment Facility (“GEF”) as ranging between 7 and 23 billion dollars per annum.
Policies and strategies to pre-empt or respond to illegal wildlife trade keep evolving as appreciation grows for the previously underestimated complexities, …
Natural Resources And Natural Law Part Ii: The Public Trust Doctrine, Robert W. Adler
Natural Resources And Natural Law Part Ii: The Public Trust Doctrine, Robert W. Adler
Michigan Journal of Environmental & Administrative Law
Natural Resources and Natural Law Part I: Prior Appropriation analyzed claims by some western ranchers, grounded in natural law, that they have property rights in grazing resources on federal public lands through prior appropriation. Those individuals advocated their position in part through civil disobedience and armed standoffs with federal officials. They also asserted that their duty to obey theistic natural law overrode any duty to obey the Nation’s positive law. Similar claims that individual religious beliefs override positive law have been made recently regarding a range of other controversial issues, such as same-sex marriage, public insurance for birth control, and …
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public Land & Resources Law Review
In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
St. Mary's Law Journal
Abstract forthcoming
A Review Of Contemporary U.S. Wild Horse And Burro Management Policies Relative To Desired Management Outcomes, Keith A. Norris
A Review Of Contemporary U.S. Wild Horse And Burro Management Policies Relative To Desired Management Outcomes, Keith A. Norris
Human–Wildlife Interactions
Legally defined “wild” horse (Equus ferus caballus ) and burro (E. asinus ; WHB) populations in the United States exceed established population objectives. The context of WHB policy and management can be categorized into ecological, geographical, legal, social, and political perspectives. Ecologically, all WHB populations in the United States are considered feral animals, but certain populations are afforded protection and management by the federal Wild Free-Roaming Horses and Burros Act (WFRHBA) of 1971. The current policy and management paradigms under which the WFRHBA is being implemented has contributed to rangeland degradation, poor WHB health, and impacts to native wildlife. This …
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Pace Environmental Law Review
Following the introduction, part II of this article will provide a brief background on the adoption of the Endangered Species Act. Part III will explain that the statute does not authorize the agencies to extend the take prohibition to all threatened species. Part IV will argue that returning to the statutory scheme would result in a fairer distribution of the costs of species protection by imposing the costs of prophylactic protection on agencies and the public generally. Burdening individuals would be a last resort, as Congress intended. Finally, Part V will identify how Congress’ policy is a reasonable way to …
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Michigan Journal of Environmental & Administrative Law
The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …
Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema
Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema
Michigan Journal of International Law
Wildlife trade is big business. Legal international trade in just some of the wild animals and plants traded worldwide is estimated at $350 to $530 million per year. The United States is the primary importer of virtually every major taxon of these species, including mammals, reptiles, fish, and plants. When it comes to illegal trade, estimates of its value range from $7 to $23 billion annually, covering wild animals, fish, and timber. This illegal trade fuels organized crime and militia and terrorist groups. In the face of all this pressure, some wild species appear to be traded in sustainable amounts. …
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO
25 slides
Slides: Colorado's Water Plan, Lauren Ris
Slides: Colorado's Water Plan, Lauren Ris
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Lauren Ris, Assistant Director for Water, Colorado Department of Natural Resources
23 slides
Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering
Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering
Michael Blumm
For most of its four-decade history, section 404(c) of the Clean Water Act could have been considered to be a sleeper provision of environmental law. The proviso authorizes the U.S. Environmental Protection Agency (EPA) overrule permits for discharges of dredged or fill material issued by the U.S. Army Corps of Engineers (Corps) where necessary to ensure protection of fish and wildlife habitat, municipal water supplies, and recreational areas against unacceptable adverse effects. This authority of one federal agency to veto the decisions of another federal agency is quite unusual, perhaps unprecedented in environmental law. The exceptional nature of section 404(c) …
A Fishery, A Sanctuary, A Sink, And A Disaster: The Often Hapless Management Of California's Salton Sea, William M. Mclaren
A Fishery, A Sanctuary, A Sink, And A Disaster: The Often Hapless Management Of California's Salton Sea, William M. Mclaren
Will McLaren
Over a century ago, a series of questionable management decisions and water-diversion engineering mistakes in Southern California produced an “unnatural” waterbody called the Salton Sea. Since then, the Sea has served as a recreational destination with fluctuating popularity, a sanctuary for migratory birds, a sink for agricultural runoff and urban wastewater, and one of the most productive tilapia and corvina fisheries in the United States. However, the Sea’s resources and associated uses have steadily deteriorated since its formation.
The contrast between the ethics that drove resource management decisions at the time of the Salton Sea’s formation to those employed in …
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Books, Reports, and Studies
40 pages (includes color illustrations).
Life, Liberty, And The Pursuit Of Hunting & Fishing: The Implications Of Kentucky's "Right To Hunt" Constitutional Amendment, Young-Eun Park
Life, Liberty, And The Pursuit Of Hunting & Fishing: The Implications Of Kentucky's "Right To Hunt" Constitutional Amendment, Young-Eun Park
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Alan E. Curtis, White & Jankowski, LLP
23 slides
Slides: Natural Gas: Game Changer Or Runner Left On Base? Working To Get It Right In Co!, Gary Graham
Slides: Natural Gas: Game Changer Or Runner Left On Base? Working To Get It Right In Co!, Gary Graham
Drawing the Blueprint for a Sustainable Natural Gas Future (January 18)
Presenter: Dr. Gary Graham, Director, Lands Program, Western Resource Advocates
21 slides
Filling The Gap: Commonsense Solutions For Meeting Front Range Water Needs: Executive Summary, Western Resource Advocates, Trout Unlimited, Colorado Environmental Coalition (U.S.)
Filling The Gap: Commonsense Solutions For Meeting Front Range Water Needs: Executive Summary, Western Resource Advocates, Trout Unlimited, Colorado Environmental Coalition (U.S.)
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
8 pages.
"February 2011"
Presented by Drew Beckwith, Water Policy Manager, Western Resource Advocates, on June 10th at Clyde O. Martz Summer Conference 2011, Navigating the Future of the Colorado River Basin
Full report available at: http://www.westernresourceadvocates.org/gap
Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett
Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Mary Bloomstran, Edge Environmental
20 slides
Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz
Slides: Introduction To Large-Scale Planning And The Intermountain Bmp Project, Kathryn Mutz
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado School of Law
18 slides
Slides: Collaborative Planning And Lessons Learned, Matt Sura
Slides: Collaborative Planning And Lessons Learned, Matt Sura
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Matt Sura, University of Colorado Law School
48 slides
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado at Boulder
21 slides
Slides: Engaging Stakeholders, Duane Zavadil
Slides: Engaging Stakeholders, Duane Zavadil
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Duane Zavadil, Bill Barrett Corporation
5 slides
Establishing A "Due Care" Standard Under The Lacey Act Amendments Of 2008, Rachel Saltzman
Establishing A "Due Care" Standard Under The Lacey Act Amendments Of 2008, Rachel Saltzman
Michigan Law Review First Impressions
The Lacey Act was first enacted in 1900 as a narrow measure for domestic bird preservation and agriculture protection. It was significantly amended in 1981 and 1988 to prohibit trafficking in fish and wildlife "taken, possessed, transported, or sold" in violation of state and foreign laws. For the past three decades, the amended statute has provided the federal government with a powerful tool for regulating imports of fish and wildlife. In 2008 Congress expanded its reach still further, responding to widespread concern about the effects of illegal logging on local governance, the environment, and American business by extending the Act's …
Grassland Governance And Common-Interest Communities, Anthony Schutz
Grassland Governance And Common-Interest Communities, Anthony Schutz
Nebraska College of Law: Faculty Publications
In the United States, today’s ranches are engaging in small-scale nature-based endeavors to diversify their income base. But the geographic boundary of the land they own creates a relatively small area within which to operate, and fragmented ownership diminishes the ability of any single landowner to produce nature-based income. Collective action among nearby landowners can produce a set of resources from which all members of the group can profit. Such action can enhance the economic, social, and environmental sustainability of grasslands and the populations that use them. This article shows that common-interest communities can be used to provide and allocate …
Slides: Climate Change And Public Lands: Examples From National Parks, Stephen Saunders
Slides: Climate Change And Public Lands: Examples From National Parks, Stephen Saunders
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Stephen Saunders, President, The Rocky Mountain Climate Organization (Denver, CO)
40 slides
Slides: The Spotted Owl Controversy: An Example Of The Esa's Dominant Role In Federal Land Use Planning, Norman D. James
Slides: The Spotted Owl Controversy: An Example Of The Esa's Dominant Role In Federal Land Use Planning, Norman D. James
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Norman D. James, Director, Fennemore Craig, PC (Phoenix, AZ)
17 slides
Slides: America's Redrock Wilderness, Scott Groene
Slides: America's Redrock Wilderness, Scott Groene
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Scott Groene, Executive Director, Southern Utah Wilderness Alliance (Moab, UT)
23 slides
Agenda: The Past, Present, And Future Of Our Public Lands: Celebrating The 40th Anniversary Of The Public Land Law Review Commission's Report, One Third Of The Nation's Land, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Past, Present, And Future Of Our Public Lands: Celebrating The 40th Anniversary Of The Public Land Law Review Commission's Report, One Third Of The Nation's Land, University Of Colorado Boulder. Natural Resources Law Center
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Sponsors: US Dept. of the Interior, Bureau of Land Management; Western Resource Advocates; The Wilderness Society; National Wildlife Federation; Rocky Mountain Mineral Law Foundation Grants Program, Red Lodge Clearinghouse; United States Forest Service, Rocky Mountain Research Station.
Conference moderators, panelists and speakers included University of Colorado Law School professors William Boyd, David H. Getches, Sarah Krakoff, Mark Squillace and Charles F. Wilkinson.
In 1964 Congress established the Public Land Law Review Commission to review the public land laws of the United States and to determine whether revisions were necessary. The Commission was comprised of six members appointed by the President, …