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Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap 2015 University of Colorado Law School

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides


Protecting Marine Biodiversity In Latin America Through Area-Based Fisheries Regulation, Xiao Recio-Blanco 2015 Duke University

Protecting Marine Biodiversity In Latin America Through Area-Based Fisheries Regulation, Xiao Recio-Blanco

Xiao Recio-Blanco

Governments all around the world have addressed the challenge of marine resources management enacting laws and enforcing public policies. To date, most of these initiatives have failed. In Latin America, sophisticated environmental protection statutes are already in place. Unfortunately, these statutes are largely overlooked by sea users and government officials. Lack of compliance has become the most significant hurdle to the sustainable use of Latin America’s marine resources.

Recently, governments and Non-Governmental Organizations in Latin America have showed increased interest in Marine Spatial Planning (MSP). MSP is a process that analyzes the spatial distribution of human activities at sea ...


Shared Sovereignty: The Role Of Expert Agencies In Environmental Law, Michael Blumm, Andrea Lang 2015 Lewis & Clark Law School

Shared Sovereignty: The Role Of Expert Agencies In Environmental Law, Michael Blumm, Andrea Lang

Michael Blumm

Environmental law usually features statutory interpretation or administrative interpretation by a single agency. Less frequent is a close look at the mechanics of implementing environmental policy across agency lines. In this article, we offer such a look: a comparative analysis of five statutes and their approaches to sharing decision-making authority among more than one federal agency. We call this pluralistic approach to administrative decisionmaking “shared sovereignty.”

In this analysis, we compare implementation of the National Environmental Policy, the National Historic Preservation Act, the Endangered Species Act, the Clean Water Act, and the Federal Power Act. All of these statutes incorporate ...


Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes 2015 The Catholic University of America, Columbus School of Law

Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes

Catholic University Law Review

This Note summarizes the amendments made to the Black Lung Benefits Act (BLBA) following its passage in 1969 through the enactment of the 2010 Patient Protection and Affordable Care Act (PPACA). The Note also addresses the split among the circuits over the meaning of the revised language in 30 U.S.C. § 932(l) (2012), and explains the reasoning of the Third, Fourth, Sixth, and Eleventh Circuits regarding the effect of the PPACA on BLBA benefit eligibility for miners’ dependent survivors. Further, this Note explains the significance of, and necessity in, resolving the confusion over § 932(l), and provides an ...


Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment, Posner Center for International Development, RESOLVE (Firm), Newmont Mining Corporation 2015 University of Colorado Law School

Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment, Posner Center For International Development, Resolve (Firm), Newmont Mining Corporation

Seeds of Change: Responding to Global Change in a Bottom-Up World (Martz Winter Symposium, February 12-13)

Sponsors: Posner Center for International Development, RESOLVE, Inc., Newmont Mining Corporation, and Getches-Wilkinson Center for Natural Resources, Energy, and the Environment.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, Britt Banks, and Lakshman Guruswamy.

This conference is made possible through the generous support of donors who sponsored this year’s Martz Sustainability Symposium (including Newmont Mining Corporation) and those who have invested in our Clyde O. Martz Endowed Fund for Natural Resources Management (including Brian Dolan and Davis Graham and Stubbs LLP). The Martz Natural Resources Management Fund was established in the ...


Preventing Perpetuity: Ensuring Clean Mine Closure Without Water Treatment Into Infinity, Nicholas Clabbers 2015 University of Colorado Boulder

Preventing Perpetuity: Ensuring Clean Mine Closure Without Water Treatment Into Infinity, Nicholas Clabbers

Nicholas Clabbers

Mine closure is a pressing environmental problem. Done improperly, mine closure can leave behind

an ugly legacy of water and soil pollution from heavy metals and mining byproducts. Many scientific

studies that attempt to quantify and explain the impacts of mine closure, both the formal legal and

policy analysis, are sparse, especially with regards to proposed solutions. This article fills that gap – it

provides an overview of the legal barriers to clean mine closure, a survey of existing law, and a

thorough analysis of a possible framework for improved mine remediation. It advances practical

solutions and works through the steps ...


Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity, 2015 Penn State Law

Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity

Penn State Journal of Law & International Affairs

No abstract provided.


Foreword, Scott P. Stedjan 2015 Penn State Law

Foreword, Scott P. Stedjan

Penn State Journal of Law & International Affairs

No abstract provided.


Geopolitics Of Resource Scarcity, Kent Hughes Butts 2015 Penn State Law

Geopolitics Of Resource Scarcity, Kent Hughes Butts

Penn State Journal of Law & International Affairs

No abstract provided.


From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict, Michael T. Klare 2015 Penn State Law

From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict, Michael T. Klare

Penn State Journal of Law & International Affairs

Energy security and geopolitics have played a pivotal role in international affairs for a very long time, ever since the development of oil-powered vehicles and weapons of war. Until recently, the geopolitics of energy have largely been governed by perceptions of scarcity—the assumption that oil and other energy reserves were relatively limited, and that competition over their exploitation would lead to recurring crisis and conflict. However, the recent utilization of advanced extractive technologies—including deep-sea drilling and hydraulic fracturing—have resulted in unexpected production gains and fostered a sense that abundance, rather than scarcity, will govern the future energy ...


Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. McDonald 2015 Penn State Law

Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. Mcdonald

Penn State Journal of Law & International Affairs

Food security remains an urgent problem affecting the national security and interests of states, as well as the human security of people and communities around the world. This article examines the changing landscape of food security threats and vulnerabilities by examining three sets of concerns that are converging to amplify, disrupt, and transform food relations: nutrition, food safety, and global environmental change. Ensuring food security will require utilization of a range of capabilities from the state, private, and non-state sectors to confront world food problems and build a sustainable and resilient world food network.


World Poverty And Food Insecurity, Carmen G. Gonzalez 2015 Penn State Law

World Poverty And Food Insecurity, Carmen G. Gonzalez

Penn State Journal of Law & International Affairs

The article draws upon the insights of Yale philosopher Thomas Pogge to suggest a way that we might think about the structural inequities in the global economic order that produce food insecurity. The article argues that chronic undernourishment is not a function of food scarcity, bad weather, or simply bad luck. Rather, it is a function of international political and economic arrangements that systematically benefit the wealthy at the expense of the poor. The article concludes with several legal and policy reforms that the United States and the European Union can adopt to reduce the burdens that our societies place ...


The Future Of Food Assistance: Opportunities And Challenges, Erin Lentz 2015 Penn State Law

The Future Of Food Assistance: Opportunities And Challenges, Erin Lentz

Penn State Journal of Law & International Affairs

The past decade has seen a radical remaking of direct food security interventions and an expanded understanding of preventing undernutrition. Today, there are more food assistance choices; researchers have identified the first 1000 days as a critical window for life-long cognitive development and health outcomes; and our understanding of the value of more tailored, nutritionally-specific interventions has expanded. The opportunities resulting from these findings can generate more effective food assistance programs. However, benefits from these findings will only be achieved if policymakers and practitioners clarify and prioritize among objectives and seek ways to build greater programming flexibility into the current ...


U.S. Aid To Agriculture: Shifting Focus From Production To Sustainable Food Security, Marc J. Cohen 2015 Penn State Law

U.S. Aid To Agriculture: Shifting Focus From Production To Sustainable Food Security, Marc J. Cohen

Penn State Journal of Law & International Affairs

Since the 1960s, agriculture has waxed and waned as a key theme of U.S. international development assistance. In the 1970s, the United States and other donors focused on “growing the pile of food” through the use of high-yielding cereal grain varieties, mineral fertilizer, and synthetic pesticides in developing countries—the Green Revolution. This led to huge productivity increases and lower food prices in Asia and Latin America. But donors paid less attention to questions of equity, environmental sustainability, and gender equality. Due to increased food availability at lower prices, the United States and other donors reduced their focus on ...


Global Hunger And The World Trade Organization: How The International Trade Rules Address Food Security, Terence P. Stewart, Stephanie Manaker Bell 2015 Penn State Law

Global Hunger And The World Trade Organization: How The International Trade Rules Address Food Security, Terence P. Stewart, Stephanie Manaker Bell

Penn State Journal of Law & International Affairs

No abstract provided.


The World Trade Organization Agreement On Agriculture And World Food Security, David Blandford 2015 Penn State Law

The World Trade Organization Agreement On Agriculture And World Food Security, David Blandford

Penn State Journal of Law & International Affairs

This article discusses the nature of food insecurity in poor countries, its causes, and how these can be addressed. Disciplines are imposed on domestic agricultural policies through World Trade Organization (WTO) agreements, in particular the Agreement on Agriculture (AoA), resulting from the Uruguay Round negotiations that were completed in 1994. The AoA provides considerable flexibility for countries to pursue a range of economically efficient policies aimed at food security objectives. However, it limits the use of some policy measures, such as price supports and input subsidies, that can be costly and inefficient, and also has negative environmental consequences. There is ...


Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan 2015 Penn State Law

Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan

Penn State Journal of Law & International Affairs

Recent global food price volatility combined with the growing use of agricultural land to produce biofuels has sparked a global scramble for land, with Sub-Saharan African countries serving as the main targets for investors. Derided as “land-grabbing” by those opposed to the practice, the phenomenon of large-scale acquisition of farmland by governments and private investors sparked a global debate since the global food crisis of 2008. Although international investment in agriculture plays a vital role in development and poverty reduction, large scale international investment poses some serious risks to both communities and international investors. Because there are no signs of ...


Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada, Nathaniel L. Foote 2015 Penn State Law

Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada, Nathaniel L. Foote

Penn State Journal of Law & International Affairs

Pennsylvania has struggled with rapid expansion in the state's unconventional oil and gas sector with the development of the Marcellus Shale formation. Likewise, Alberta, Canada has experienced similar growth. Yet Pennsylvania and Alberta's approaches to local land use and resource extraction differ considerably. This paper discusses each region's experience with oil and gas development, and contrasts their approaches to land use regulation in this context. The paper concludes that the Canadians' approach holds important lessons for Pennsylvania.


Transnational Area-Based Ocean Management: Finding Avenues For Regulatory Harmonization, Xiao Recio-Blanco 2015 Duke University

Transnational Area-Based Ocean Management: Finding Avenues For Regulatory Harmonization, Xiao Recio-Blanco

Xiao Recio-Blanco

In the last few decades, governments have regulated human activities at sea and their environmental impact through piecemeal, use-by-use prescriptive regulation. These domestic laws have been unable to solve basic problems such as overfishing or marine habitat loss.

Some ocean management experts have argued that managing areas of the sea in order to maximize one or a set of objectives might be more effective than the non-spatial approach. Implementing a comprehensive system of area-based management requires planning and zoning. The process of marine spatial planning (MSP) involves assessing ocean resources as well as current and future uses; identifying compatible and ...


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 2015 Lewis & Clark Law School

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 ...


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