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- 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)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (12)
- Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10) (11)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (10)
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- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (9)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (9)
- 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)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (6)
- Celebrating the Centennial of the Antiquities Act (October 9) (4)
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (3)
- Articles (2)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (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)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Faculty Scholarship (1)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (1)
- Publications (1)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (1)
Articles 1 - 30 of 116
Full-Text Articles in Administrative Law
Another Word On The President's Statutory Authority Over Agency Action, Nina A. Mendelson
Another Word On The President's Statutory Authority Over Agency Action, Nina A. Mendelson
Articles
In this short symposium contribution, I attempt first to add some further evidence on the interpretive question. That evidence weighs strongly, in my view, in favor of Kagan's conclusion that the terminology does not communicate any particular congressional intent regarding presidential directive authority. Assessed in context, the "whole code" textual analysis presented by Stack does not justify the conclusion that Congress, by delegating to an executive branch official, meant to limit presidential control. Independent agencies excluded, interpreting the terms of simple and presidential delegations to speak to directive authority fails, in general, to make sense of the various statutes. Absent …
The Consequences Of Congress’S Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
The Consequences Of Congress’S Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
Faculty Scholarship
Although Congress delegates lawmaking authority to both courts and agencies, we know remarkably little about the determinants-and even less about the consequences-of the choice between judicial and administrative process. The few scholars who have sought to understand the choice of delegate have used formal modeling to illuminate various aspects of the decision from the perspective of the enacting Congress. That approach yields useful insight into the likely preferences of rational legislators, but tells us nothing about how (or whether) those preferences play out in the behavior of courts and agencies. Without such knowledge, we have no way of testing the …
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
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 …
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.
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.
The Need For A New Nfma Planning Rule, Jack Ward Thomas
The Need For A New Nfma Planning Rule, Jack Ward Thomas
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)
7 pages.
Global Trends And The Future Of National Forests, Nels C. Johnson
Global Trends And The Future Of National Forests, Nels C. Johnson
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)
23 pages.
Contains 3 pages of references.
Can Managers Adapt To New Relationships And Roles Under Nfma?, Elizabeth Estill
Can Managers Adapt To New Relationships And Roles Under Nfma?, Elizabeth Estill
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)
5 pages.
Nfma Implementation Options: Managing Environmental Decisions [Outline], Susan Yonts-Shepard
Nfma Implementation Options: Managing Environmental Decisions [Outline], Susan Yonts-Shepard
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 pages.
Reflections From The Seventh American Forest Congress: Some Thoughts For National Forest Management, William R. Bentley
Reflections From The Seventh American Forest Congress: Some Thoughts For National Forest Management, William R. Bentley
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)
21 pages.
Contains endnotes and references.
Nfma And Ecosystem Management, Richard L. Knight
Nfma And Ecosystem Management, Richard L. Knight
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)
8 pages.
Contains 1 page of references.
The National Forest Management Act: Managing The Use Out Of Multiple Use Lands, Dan S. Budd
The National Forest Management Act: Managing The Use Out Of Multiple Use Lands, Dan S. Budd
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)
12 pages.
“Can You Live With That, Chief?”—Forging Nfma Through Congressional And Agency Give And Take, John R. Mcguire
“Can You Live With That, Chief?”—Forging Nfma Through Congressional And Agency Give And Take, John R. Mcguire
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)
10 pages.
Making Forest Policy In An Imperfect World, James W. Giltmier
Making Forest Policy In An Imperfect World, James W. Giltmier
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)
10 pages.
Writing The Regulations: Using Scientists To Link Law And Policy, Arthur W. Cooper
Writing The Regulations: Using Scientists To Link Law And Policy, Arthur W. Cooper
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)
11 pages.
Contains references.
Framework For Understanding Nfma In A Legal Context, David H. Getches
Framework For Understanding Nfma In A Legal Context, David H. Getches
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)
8 pages.
Contains references.
Stories From The Frontlines: How Nfma Developed And Key Players, Robert E. Wolf
Stories From The Frontlines: How Nfma Developed And Key Players, Robert E. Wolf
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)
15 pages.
Assessing The Need To Reform The Laws And Regulations, Perry R. Hagenstein
Assessing The Need To Reform The Laws And Regulations, Perry R. Hagenstein
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)
2 pages.
Columbia River Salmon: Are Any Of The Esa Tools Adequate For The Job?, John M. Volkman
Columbia River Salmon: Are Any Of The Esa Tools Adequate For The Job?, John M. Volkman
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
32 pages.
Contains footnotes.
The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski
The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
8 pages.
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
14 pages.
Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax
Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
27 pages.
Contains references.
Charging Public Land Users For Recreational Uses, Chip Dennerlein
Charging Public Land Users For Recreational Uses, Chip Dennerlein
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
11 pages.
Why We’Re Unhappy? [Synopsis], Louise Liston
Why We’Re Unhappy? [Synopsis], Louise Liston
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
2 pages.
Public Land Policy Is Ripe For Change, James L. Huffman
Public Land Policy Is Ripe For Change, James L. Huffman
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
18 pages.