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Natural Resources Law Commons

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Sea Grant Law Fellow Publications

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Articles 1 - 30 of 68

Full-Text Articles in Natural Resources Law

Understanding The North Atlantic Right Whale Litigation, Gabrielle Benjamin, Read Porter Jun 2021

Understanding The North Atlantic Right Whale Litigation, Gabrielle Benjamin, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter Jun 2020

Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Authority For Municipal Resilient Road Infrastructure Funding Strategies In Rhode Island, Jimmy Smith, Read Porter Apr 2020

Authority For Municipal Resilient Road Infrastructure Funding Strategies In Rhode Island, Jimmy Smith, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter Apr 2020

Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Legal Issues Affecting Blue Carbon Projects On Publicly-Owned Coastal Wetlands, Read Porter, Cody Katter, Cory Lee Feb 2020

Legal Issues Affecting Blue Carbon Projects On Publicly-Owned Coastal Wetlands, Read Porter, Cody Katter, Cory Lee

Sea Grant Law Fellow Publications

Coastal wetlands play an important role in sequestering atmospheric carbon, but these ecosystems are under threat from sea level rise, land use conversion, and other causes. Restoration projects in coastal wetlands can provide a range of benefits for habitat and ecosystems, including by increasing sequestration of “blue carbon.” Coastal wetland restoration projects that effectively sequester carbon and meet the requirements of the voluntary carbon market can generate tradeable carbon offsets, which have a monetary value and can be used to finance all or part of the restoration needed to generate them. Blue carbon offsets thus represent a promising tool to …


Climate Change And Dam Owner Liability In Rhode Island, Read Porter, James Philopena Jr., Cory Lee Oct 2019

Climate Change And Dam Owner Liability In Rhode Island, Read Porter, James Philopena Jr., Cory Lee

Sea Grant Law Fellow Publications

Increasing precipitation associated with climate change is affecting dam operation and hazards in Rhode Island. Flooding caused by increased precipitation or extreme weather events can cause dam failure or upstream or downstream flooding, resulting in loss of life and property. These losses can result in liability, which may vary based on the dam owner and its purpose. This study assists dam owners and the public in understanding the potential liabilities that may arise as a result of flooding from extreme weather events. Section one provides a background of dam hazards in Rhode Island in the context of climate change. Section …


Municipal Options To Address Nuisance Flooding Of Coastal Highways In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Olivia Thompson, Read Porter Apr 2019

Municipal Options To Address Nuisance Flooding Of Coastal Highways In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Olivia Thompson, Read Porter

Sea Grant Law Fellow Publications

Sea level rise and more powerful storm surges and erosion have increased flooding in low-lying coastal areas of Rhode Island. These impacts affect coastal highways, requiring municipalities to make difficult choices about whether and how to maintain or abandon their infrastructure. This fact sheet helps cities and towns understand their legal duties, options, and potential liabilities when considering the future of threatened coastal infrastructure. By using the information in this fact sheet, municipalities can make informed decisions about the consequences of their infrastructure investments. After providing background on nuisance flooding associated with sea level rise, this fact sheet describes Rhode …


Proposed State Offshore Oil & Gas Legislation And Resolutions: 2017-18, Marine Affairs Institute, Roger Williams University School Of Law, Megan Betts Feb 2019

Proposed State Offshore Oil & Gas Legislation And Resolutions: 2017-18, Marine Affairs Institute, Roger Williams University School Of Law, Megan Betts

Sea Grant Law Fellow Publications

No abstract provided.


Legal Influences On Shellfish Aquaculture Nursery Facility Siting In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Jordan Viana, Joseph Bingaman, Read Porter Nov 2018

Legal Influences On Shellfish Aquaculture Nursery Facility Siting In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Jordan Viana, Joseph Bingaman, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann Jun 2018

Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann

Sea Grant Law Fellow Publications

No abstract provided.


Overcoming Impediments To Shellfish Aquaculture: Access To Public Boat Launches, Marine Affairs Institute, Roger Williams University School Of Law, Mitchell Ramic, Read Porter Jun 2018

Overcoming Impediments To Shellfish Aquaculture: Access To Public Boat Launches, Marine Affairs Institute, Roger Williams University School Of Law, Mitchell Ramic, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Evaluating Climate Change Adaptation Mechanisms In Fisheries Management Laws And Regulations, Marine Affairs Institute, Roger Williams University School Of Law, Logan Pearce, Joseph Bingaman Nov 2017

Evaluating Climate Change Adaptation Mechanisms In Fisheries Management Laws And Regulations, Marine Affairs Institute, Roger Williams University School Of Law, Logan Pearce, Joseph Bingaman

Sea Grant Law Fellow Publications

No abstract provided.


Migratory Bird Conservation And Shellfish Aquaculture In Rhode Island: Legal Issues, Nicole Andrescavage Oct 2017

Migratory Bird Conservation And Shellfish Aquaculture In Rhode Island: Legal Issues, Nicole Andrescavage

Sea Grant Law Fellow Publications

From 2014 to 2016, Rhode Island Shellfish growers applied for a series of leases to produce oysters in close proximity to lands used for waterfowl hunting. The emerging conflict between these uses required the relevant agencies to seek modifications to minimize problems and highlighted a need to better understand the relevant authorities governing these agencies. This study provides an overview of how state and federal legal authorities govern the interaction of shellfish leasing and waterfowl management in Rhode Island, including whether shellfish leasing may be considered incidental take under federal law.


Preventing Fishing Gear Loss From Vessel Interactions In New England, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Jamison Jedziniak Aug 2017

Preventing Fishing Gear Loss From Vessel Interactions In New England, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Jamison Jedziniak

Sea Grant Law Fellow Publications

No abstract provided.


Evasion Of Foreign Taxes For Wildlife Exports As A Violation Of The Lacey Act, Audrey Elzerman Aug 2017

Evasion Of Foreign Taxes For Wildlife Exports As A Violation Of The Lacey Act, Audrey Elzerman

Sea Grant Law Fellow Publications

This study considers whether violations of foreign export duty requirements for live wildlife shipments can be prosecuted under United States law. The next section introduces the Lacey Act, which offers a potent enforcement tool against wildlife trafficking and related offenses. The study then considers whether and how export duty fraud violates the Lacey Act and the possible penalties that apply to such violations. Finally, it uses the Philippines as a case study to illustrate the utility of exporting country laws for Lacey Act prosecution of these cases.


Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann Jul 2017

Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann

Sea Grant Law Fellow Publications

This document reviews the legal standards providing differential treatment of “public vessel” under federal regulations, including regulatory definitions of that term. In addition, it reviews language in key international legal instruments that provide similar special treatment for selected vessels owned by governments. This document is a supplement to Status of the U.S. Academic Research Fleet as Public Vessels under U.S. and International Law, which discusses the application of these and other legal authorities relevant to a determination of whether U.S. academic research fleet vessels are public vessels. The authorities presented here are separated by issuing agency (for regulatory citations). International …


Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman Mar 2017

Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman

Sea Grant Law Fellow Publications

No abstract provided.


Considerations For Co-Location Of Aquaculture And Ocean Energy Facilities, Clare M. Harmon Dec 2016

Considerations For Co-Location Of Aquaculture And Ocean Energy Facilities, Clare M. Harmon

Sea Grant Law Fellow Publications

No abstract provided.


Takings Liability And Coastal Management In Rhode Island, Manta Dircks Dec 2016

Takings Liability And Coastal Management In Rhode Island, Manta Dircks

Sea Grant Law Fellow Publications

No abstract provided.


Navigating Complex State And Federal Fisheries Jurisdictions, Thomas Bennett Jan 2013

Navigating Complex State And Federal Fisheries Jurisdictions, Thomas Bennett

Sea Grant Law Fellow Publications

No abstract provided.


Public Access: A Case Study, Elizabeth Blank Jan 2013

Public Access: A Case Study, Elizabeth Blank

Sea Grant Law Fellow Publications

No abstract provided.


Shifting Seas: The Law's Response To Changing Ocean Conditions, Casey Schickling Nov 2012

Shifting Seas: The Law's Response To Changing Ocean Conditions, Casey Schickling

Sea Grant Law Fellow Publications

No abstract provided.


State And Local Responses To Climate Change Through Hazard Adaptation Measures: White Paper Synthesizing Innovative State And Local Climate Change Adaptation Strategies, Marine Affairs Institute, Roger Williams University School Of Law Jan 2012

State And Local Responses To Climate Change Through Hazard Adaptation Measures: White Paper Synthesizing Innovative State And Local Climate Change Adaptation Strategies, Marine Affairs Institute, Roger Williams University School Of Law

Sea Grant Law Fellow Publications

No abstract provided.


An Overview Of Online Resources For Climate Adaptation Policies Relating To New England Regional, State And Local Municipalities, Nels Schnobrich Jan 2012

An Overview Of Online Resources For Climate Adaptation Policies Relating To New England Regional, State And Local Municipalities, Nels Schnobrich

Sea Grant Law Fellow Publications

No abstract provided.


Newport Harborwalk Public Access Issues, Nicholas Paine Jan 2012

Newport Harborwalk Public Access Issues, Nicholas Paine

Sea Grant Law Fellow Publications

No abstract provided.


Increasing Infrastructure's Resiliency To Global Climate Change Effects: Seeking Non-Traditional Federal Partnerships In Rhode Island's Coastal Beach Zones, James Mcmahon Jan 2012

Increasing Infrastructure's Resiliency To Global Climate Change Effects: Seeking Non-Traditional Federal Partnerships In Rhode Island's Coastal Beach Zones, James Mcmahon

Sea Grant Law Fellow Publications

No abstract provided.


Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing, Casey Shickling Jan 2012

Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing, Casey Shickling

Sea Grant Law Fellow Publications

No abstract provided.


The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox Jan 2012

The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox

Sea Grant Law Fellow Publications

No abstract provided.


Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman Jan 2012

Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman

Sea Grant Law Fellow Publications

No abstract provided.


The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme Jan 2012

The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme

Sea Grant Law Fellow Publications

No abstract provided.