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Articles 31 - 49 of 49
Full-Text Articles in Natural Resources Law
The Collaborative Forest Landscape Restoration Program: A Panacea For Forest Service Gridlock Or A New Name For Old Saws?, Brett M. Paben
The Collaborative Forest Landscape Restoration Program: A Panacea For Forest Service Gridlock Or A New Name For Old Saws?, Brett M. Paben
Brett M Paben
No abstract provided.
Cool Lawsuits: Is Climate Change Litigation Dead After Kivalina V. Exxonmobil?, Mark L. Belleville
Cool Lawsuits: Is Climate Change Litigation Dead After Kivalina V. Exxonmobil?, Mark L. Belleville
Mark L. Belleville
Can emitters of greenhouse gases (“GHGs”) ever be held liable for harms caused by climate change? That is the limited question this Article addresses. While many commentators saw the Supreme Court’s 2007 decision in Massachusetts v. EPA (“Mass. v. EPA”) as an indication that such claims may receive favorable review, recent decisions suggest that there may be no theory under which the ExxonMobils of the world can be held liable for the effects of climate change. Specifically, in September 2012, the Ninth Circuit Court of Appeals held that a native Alaskan village on the tip of a barrier reef, whose …
The Key Stone In The Carbon Tariff Wall: The Alberta Oil Sands And The Legality Of Taxing Imports Based On Their Carbon Footprint, Mark L. Belleville
The Key Stone In The Carbon Tariff Wall: The Alberta Oil Sands And The Legality Of Taxing Imports Based On Their Carbon Footprint, Mark L. Belleville
Mark L. Belleville
Can one nation—consistent with international trade law—tax imports or otherwise treat them differently based on the CO2 emitted in another country during production of the import? This Article analyzes the General Agreement on Tariffs and Trade (GATT), relevant World Trade Organization (WTO) decisions, and the considerable amount of scholarship regarding Border Tax Adjustments (BTAs) and concludes that such treatment of imports is legally permissible. In early 2013, the European Union (E.U.) will vote on a proposed rule that seeks to classify crude oil coming into E.U. refineries based on “life-cycle greenhouse gas emissions,” including CO2 emitted during extraction. Canada, seeking …
Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider An Inter-Sovereign Approach To Accommodate Federal And Tribal Interests In Water Resources, Jeffrey T. Matson
Jeffrey T Matson
In the aftermath of the historic 2011 Missouri River flood, Missouri River Basin (MRB) state representatives and governors criticize the U.S. Army Corps of Engineers (Corps) for operating the Missouri River Mainstem Reservoir System (System) in support of the multiple, often conflicting, purposes outlined in the Flood Control Act of 1944. These officials envision entering into an interstate compact to divest the Corps of some of its operational authority and to broaden their role in managing water resources. Similarly, MRB tribal leaders argue that the Corps fails to operate its System in a manner that respects the interrelated issues of …
A New And Improved Energy Reality—It's No Pipedream, Daniel Hare
A New And Improved Energy Reality—It's No Pipedream, Daniel Hare
Daniel Hare
In this paper, I propose an original policy solution to the complicated issue of permitting and regulatory review for cross-border natural resource projects to allow for a smoother, quicker approval process for certain types of projects. I have specifically designed this new procedure so as to focus on political compromise and minimize political partisanship, while instead concentrating on achieving results. By modifying the current regulatory standard to a more streamlined model, deserving cross-border natural resource projects can swiftly gain approval, yet environmental, economic, foreign policy, national security, and other significant concerns will still receive the attention and thorough evaluation they …
Toward A Bureau Of Landscape Management: The Evolution Of Blm's Conservation Mission, Phillip H. Hanceford, Nada Wolff Culver
Toward A Bureau Of Landscape Management: The Evolution Of Blm's Conservation Mission, Phillip H. Hanceford, Nada Wolff Culver
Phil Hanceford
The years 2011 and 2012 mark important milestones for the Bureau of Land Management (BLM), an agency within the United States Department of the Interior. The 65th anniversary of the agency, the 35th anniversary of its organic act, FLPMA, the 150th anniversary of the Homestead Act, and the 200th anniversary of the agency’s predecessor, the General Land Office. With these events and the dawning of a new age of conservation within the BLM by entering the second decade of the National Landscape Conservation System, it is appropriate to take a step back to examine where the agency has come from …
The Public Trust Navigates California's Bay Delta, Paul Stanton Kibel
The Public Trust Navigates California's Bay Delta, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.
Going-Going-Green: Strategies Fostering Sustainable New Federal Buildings, Patrick E. Tolan Jr.
Going-Going-Green: Strategies Fostering Sustainable New Federal Buildings, Patrick E. Tolan Jr.
Patrick E. Tolan Jr.
Green building, also known as sustainable building or high performance building, has exploded in popularity over the past several years as construction experience and cost-benefit studies have shown that owners of green buildings derive financial as well as environmental benefits. By smartly designing the building to maximize advantages at the onset, these newer buildings are more friendly to workers, more flexible for future growth, better integrate environmental and comfort factors using a whole building design philosophy, and help conserve energy, water, and other resources. As the world’s largest owner and operator of buildings and the nation’s largest energy user, the …
The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, Scott A. Shepard
The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, Scott A. Shepard
Scott A. Shepard
Western-state non-riparian water-law regimes remain legally vital and highly useful in the age of increased scarcity and ecological concern. Claims that the property rights central to these regimes can be revoked without Fifth-Amendment takings implications – as a result of applying various doctrines or of limitations inherent in the rights as granted – are historically and legally unsound, and doctrinally unwise. Declaring water rights non-compensable would require accepting a maxim of legal interpretation that could not be limited to the water-rights (or even property-rights) context, and would render all constitutional guarantees liable to negation without constitutional process. Moreover, such a …
Carbon Regulation And Its Impact On The Appalachian Basin: Why The Coal-Fired Energy Industry In Appalachia Should Embrace, Prepare For, And Help Shape A Comprehensive Legislative Scheme That Limits Greenhouse Gas Emissions, Mark L. Belleville
Mark L. Belleville
The premise of this article – the coal-fired energy industry in Appalachia should embrace, prepare for, and help shape a comprehensive federal legislative scheme that limits carbon dioxide and other greenhouse gas emissions – may sound counterintuitive. Why would an industry that emits greenhouse gases (GHGs) get on board with a national plan to limit GHG emissions? The reason is threefold. First, some form of regulation limiting emissions is inevitable. Second, in many respects, a comprehensive federal scheme is preferable to the current patchwork that exists. Finally, a comprehensive federal scheme can be tailored to be advantageous (or at least …
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
Erin Ryan
As climate change, war in the Middle East, and the price of oil focus American determination to move beyond fossil fuels, nuclear power has resurfaced as a possible alternative. But energy reform efforts may be stalled by an unlikely policy deadlock stemming from a structural technicality in an aging Supreme Court decision: New York v. United States, which set forth the Tenth Amendment anti-commandeering rule and ushered in the New Federalism era in 1992. This dry technicality also poses ongoing regulatory obstacles in such critical interjurisdictional contexts as stormwater management, climate regulation, and disaster response. Such is the enormous power …
A Line Drawn In Water: Aquifers Beneath The Mexico-United States Border, Paul Stanton Kibel
A Line Drawn In Water: Aquifers Beneath The Mexico-United States Border, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.
Rio Grande Designs: Texans’ Nafta Water Claim Against Mexico, Paul Stanton Kibel, Jonathan R. Schutz
Rio Grande Designs: Texans’ Nafta Water Claim Against Mexico, Paul Stanton Kibel, Jonathan R. Schutz
Paul Stanton Kibel
No abstract provided.
Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul Stanton Kibel
Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.
New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Erin Ryan
Erin Ryan
This piece tells the tale of two disappearing wetlands—those surrounding Louisiana's Gulf Coast and those fringing the Chesapeake Bay—each providing new insight into the old quandary of unintended consequences that lies at the center of natural resource management. Louisiana's losses follow three hundred years of natural resource engineering to accomplish effective flood control along the Mississippi River, while the Chesapeake losses follow implementation of among the most meticulous wetlands-protection programs of its time. And yet, New Orleans suffered a catastrophic flood, and Chesapeake wetlands continue to disappear. How could this happen? Call it the “Natural Resources Law of Unintended Consequences.” …
Sprawl And “Paper Water”: A Reality Check From The California Courts, Paul Stanton Kibel, Barry H. Epstein
Sprawl And “Paper Water”: A Reality Check From The California Courts, Paul Stanton Kibel, Barry H. Epstein
Paul Stanton Kibel
No abstract provided.
Public Trust & Distrust: Theoretical Implications Of The Public Trust Doctrine For Natural Resource Management, Erin Ryan
Erin Ryan
This essay reviews the theoretical underpinnings of the public trust doctrine, received at common law and constitutionalized in many states, and explores its contentious reception by green legal theorists. Since Professor Joseph Sax's revival of the ancient common law doctrine as a vehicle for environmental advocacy in the early 1970s, it has been hailed by many environmentalists as the most powerful tool available for protecting natural resource commons. At the same time, however, it has been attacked by others who argue that use of the property rights-based doctrine reifies an ownership approach to natural resources and obstructs the development of …
National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul Stanton Kibel
National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.
Reconstructing The Marketplace: The International Timber Trade And Forest Protection, Paul Stanton Kibel
Reconstructing The Marketplace: The International Timber Trade And Forest Protection, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.