Natural Resources Law Commons^™

Environmental War, Climate Security, And The Russia-Ukraine Crisis, Mark P. Nevitt

Faculty Articles

This Article addresses the Russia-Ukraine conflict’s broad implications for energy security, climate security, and environment protections during wartime. I assert that in the short-term the Russian-Ukraine war is poised to hinder much-needed international climate progress. It will stymie international decarbonization efforts and cause greater uncertainty in other climate-destabilized parts of the world, such as the Arctic. While Russia has become a pariah in the eyes of the United States and other Western nations, it has forged new partnerships and capitalized on new, lucrative energy markets outside the West and Global South. But in the long term, the global renewable energy …

The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz

Geography Undergraduate Senior Theses

Floods are the most damaging natural disasters in America. Land use change in upland watersheds can increase the probability and severity of floods (Bronstert, Niehoff, & Burger, 2002). When watersheds are divided by political and private property boundaries it leads to a misalignment of incentives in which downstream users lack recourse for upstream land use decisions contributing to flood risk. In this thesis, researchers interrogate the attributes of town officials and towns that determine what motivates town governments to act on flooding and what motivates and enables town officials to collaborate on planning and how do they collaborate in practice. …

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …

Power Play: The President's Role In Shaping Renewable Energy Regulation And Policy, Luke Bartol

Honors Projects

With the impacts of climate change becoming more and more apparent every day, finding means of effective action to mitigate its effects become increasingly critical. While localized work can play an important role, federal action is necessary to have the most widespread and effective impact, especially on interconnected issues such as clean energy. Congressional action is the avenue of change at this level, however in an increasingly partisan and divided environment, progress on this front is far short of what is needed.

Looking to the president is logical here, both as a single actor more insulated from partisan fights, but …

Could A More Limited Environmental Goods Agreement Resolve Continued Issues In Cities Compliance?, Andrew Coccoli

William & Mary Environmental Law and Policy Review

This Note will adopt an economic perspective while advocating for the most sustainable practices in natural resources management. It will first conduct a series of case studies of natural resources for which there is transnational or international demand, but unsustainable management. While CITES-listed resources will be considered with particular attention, unlisted and more conventional resources will also be considered. In its second part, this Note will consider mechanisms currently available in international trade to accommodate environmental progress, then will set forth various new measures the WTO could adopt to incentivize sustainable management of the Part I resources. Part III will …

Uranium 233: The Nuclear Superfuel No One Is Using, Maris Hanson

Seattle Journal of Technology, Environmental & Innovation Law

Nuclear power offers more energy in less physical space than solar and wind and yields more energy per pound than fossil fuels. However different nuclear fuels yield different waste profiles and create different beneficial products. Uranium 233 (U233) resists use in nuclear weapons, yields beneficial daughter products, and produces dramatically less of the most problematic waste products than Uranium 235 (U235). U233 results from reactions with Thorium, a plentiful, ubiquitous element currently considered waste from rare earth mines. Additionally, U233 functions well in a liquid fuel reactor resulting in safer, more efficient reactors than current solid fuel U235 or Plutonium …

Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass

William & Mary Environmental Law and Policy Review

Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional top-down single resource focused environmental regulatory approaches have proved inadequate to protect and restore estuarine systems. In recent years, scientific and legal academics, as well as policymakers, have called for more holistic participatory approaches to addressing environmental challenges. Drawing on the literature on ecosystem management, integrated water resources management, collaborative governance, and adaptive management, …

Environmental Soft Law As A Governance Strategy, Cary Coglianese

All Faculty Scholarship

Soft law governance relies on nongovernmental institutions that establish and implement voluntary standards. Compared with traditional hard law solutions to societal and economic problems, soft law alternatives promise to be more politically feasible to establish and then easier to adapt in the face of changing circumstances. They may also seem more likely to be flexible in what they demand of targeted businesses and other entities. But can soft law actually work to solve major problems? This Article considers the value of soft law governance through the lens of three major voluntary, nongovernmental initiatives that address environmental concerns: (1) ISO 14001 …

Shifting Public Perception: Climate Change Means Living With Fire And Smoke, Robert Froembling

Seattle Journal of Technology, Environmental & Innovation Law

The urgency to prepare for the climate crisis has never been greater. We are currently living in the sixth mass extinction and the effects are only going to accelerate. We will inherit more wildfires, larger wildfires, and more frequent wildfires.

This piece is not meant to stoke fear in its readers or be depressing, but to shift public perception on what our future holds by evaluating the laws and science presented to us. This piece will look at regional and federal regulations and assess the increased rate of forest fires and the grave public health concerns from stagnant smoke specifically …

Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process, William Todd Keller Jr.

St. Mary's Law Journal

Abstract forthcoming

The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone

Linda A. Malone

Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …

Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian

John Hadidian, PhD

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas

The Niobrara National Scenic River: Exploring Co-Management Through A Case Study Of The Niobrara Council, Melissa M. Mosier

School of Natural Resources: Dissertations, Theses, and Student Research

In recent decades, government staff and local citizens have increasingly employed cooperative schemes of natural resource management, in lieu of more conventional, top-down approaches of addressing user conflicts as they relate to water resources. The focus of this project was on the Niobrara Council, a partnership of local, state, and federal representatives charged with cooperatively managing the reach of the Niobrara River that was federally designated under the Wild and Scenic Rivers Act in 1991. The project's purpose was to explore the cooperative framework of the Council, using the methodology outlined by Carlsson and Berkes (2005). This methodology involved investigating …

Master’S Project: Vermont Town Forest Recreation Planning And Community Assistance Program: The Future Of Forest-Based Outdoor Recreation, Taylor M. Luneau

Rubenstein School Masters Project Publications

The Vermont Town Forest Recreation Planning Community Assistance Program (VTFRP) was a comprehensive community planning process held in ten diverse towns across Vermont. Led by the Urban and Community Forestry Program and the SE Group, the VTFRP helped towns develop a vision for the future management of their forests through open house workshops, site visits, steering committee meetings, and community surveys. The process provided towns with a forest recreation planning toolkit and an individualized action-based forest stewardship and recreation plan. By analyzing data from the community surveys and open house activities across all ten towns, my project considered the recreation …

Island Invasion: The Silent Crisis In Hawaii, Sophia Janssen

Pomona Senior Theses

Keeping out invasive species may, upon first review, seem like a trivial environmental cry from ecologists and deep environmentalists; a belated wish to return to an undeveloped world where nature was pristine. However invasive species create problems that impact all of us and can have far more severe consequences than changing a stunning landscape. These problems are heightened in islands like Hawaii, where the fragile ecosystems have developed over centuries of evolution and adaptation. The introduction of a disease-carrying mosquito can put the people of Hawaii at risk to many vector-born illnesses and create an epidemic, taking human life. The …

The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone

William & Mary Environmental Law and Policy Review

Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …

Mineral Warfare: The Dark Side Of Technology And International Mediation, Priyanka Basnyat

Master's Theses

Conflict surrounding the extraction and trade of natural resources is not an uncommon phenomenon. Especially in the case of the Democratic Republic of Congo (DRC), which has historically suffered from the negative impacts of the resource curse since their mineral wealth was first discovered by their Colonial administrators. The importance of Congo’s minerals has fluctuated over the years but has peaked during recent times, as their use in technological advancements are becoming more vital. The global demand for these mineral ores have sky rocketed and consequentially, the largely informal trade has benefitted certain rebel groups, playing a pivotal role in …

Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

An Evaluation Of U.S. National Wildlife Refuge Planning For Off-Road Vehicle Use, Robert L. Fischman, Vicky J. Meretsky, Katie Freeman, Alexi Lamm, Leah Missik, Scott Salmon

Articles by Maurer Faculty

Off-road vehicles (hereafter, ORVs) rank high among public-land management challenges because they are popular, often impair environmental conditions, and may cause conflicts with other recreational users. Unit-level planning for federal lands increasingly translates broad, system-wide objectives, such as maintenance of ecological integrity, into place-based limitations on ORV use to minimize and mitigate adverse impacts on wildlife. We reviewed 176 planning documents covering 313 National Wildlife Refuges (hereafter, Refuges) to understand how planning supports or undermines ORV recreation management. These plans offer an important perspective on ORV management because the Refuges are a large, diverse system of conservation lands where recreation …

Wringing Wonder From The Arid Landscape Of Law, Robert L. Fischman

Articles by Maurer Faculty

Charles Wilkinson’s estimable contribution to public land law scholarship is widely cited but only partly understood. From the mid-1970s to the mid-1980s he upended the field by elevating the diffuse public interest, displacing creation and adjudication of private property interests as the field’s focus. However, his subsequent scholarship grappled with an even more important challenge that has been far less noted. Beginning in the late 1980s, Wilkinson explored how legal institutions should determine the pluralistic, public interest. In trailblazing articles and books, he rose to the challenge with site-specific details, compelling narratives, and aspirational themes. This work undermined the dominance …

Trending @ Rwu Law: Julia Wyman's Post: The Threat Of Marine Debris 12-13-2016, Julia Wyman

Law School Blogs

No abstract provided.

Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

FLPMA Turns 40 (October 21)

The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy that …

Slides: Flpma In Its Historical Context, John D. Leshy

FLPMA Turns 40 (October 21)

Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law

36 slides

This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.

See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm

Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters

Winter, Wilderness, and Climate--Threats and Solutions (October 12)

In partnership with the Getches-Wilkinson Center, join The Wilderness Society and Protect Our Winters for an interactive presentation about energy development and climate impacts on public lands.

This event was held on Wednesday, October 12, 2016, 5:30 - 7:30 p.m., in the University of Colorado Law School, Wolf Law Building, Wittemyer Courtroom.

Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine

Winter, Wilderness, and Climate--Threats and Solutions (October 12)

Presenters:

Jim Ramey, The Wilderness Society

Lindsay Bourgoine, Protect Our Winters

56 slides

Getches-Wilkinson Center Newsletter, Fall 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Enhancing Public Engagement On Offshore Wind Energy Using Genius Loci: A Case Study From A Lake Michigan Coastal Community, Erik Edward Nordman, Daniel O'Keefe, Erika Arndt

Erik Edward Nordman

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.