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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


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 ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


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 ...


A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino 2015 Florida State University College of Law

A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino

Simone Savino

A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach ...


Segmentation Of Environmental Review: Why Defenders Of Wildlife V. U.S. Navy Threatens The Effectiveness Of Nepa And The Esa, Erica Novack 2015 Boston College Law School

Segmentation Of Environmental Review: Why Defenders Of Wildlife V. U.S. Navy Threatens The Effectiveness Of Nepa And The Esa, Erica Novack

Boston College Environmental Affairs Law Review

In Defenders of Wildlife v. United States Department of the Navy, the U.S. Court of Appeals for the Eleventh Circuit held that the environmental review conducted by the Navy and the National Marine and Fishery Service regarding the proposed construction and operation of a warfare training range was in compliance with federal law. In particular, the court found that segmentation of review at its final stages did not violate the National Environmental Policy Act or the Endangered Species Act. This Comment addresses the danger of allowing a technicality to authorize segmentation of environmental review, and its potential negative impacts ...


Using Hgm Analysis To Aggregate Wetlands As “Similarly Situated” Under The Rapanos “Significant Nexus” Test, Natalia Cabrera 2015 Boston College Law School

Using Hgm Analysis To Aggregate Wetlands As “Similarly Situated” Under The Rapanos “Significant Nexus” Test, Natalia Cabrera

Boston College Environmental Affairs Law Review

Wetlands are vital to the health of the nation’s waterways. Even small, geographically isolated wetlands can perform important functions that benefit their surrounding ecosystem. Despite the important role of smaller wetlands, the federal Clean Water Act (CWA) protection of these areas is limited to those wetlands that satisfy legal tests limited by the Commerce Clause of the Constitution. The main test to establish jurisdiction—the “significant nexus” test—relies on a connection between a wetland and a navigable-in-fact waterway. Smaller wetlands, however, may not each have individual connections that are sufficient to satisfy the significant nexus test. When wetlands ...


When Will Governments Regulate Nonpoint Source Pollution? A Comparative Perspective, Robin Kundis Craig, Anna M. Roberts 2015 University of Utah S.J. Quinney College of Law

When Will Governments Regulate Nonpoint Source Pollution? A Comparative Perspective, Robin Kundis Craig, Anna M. Roberts

Boston College Environmental Affairs Law Review

Although the U.S. Clean Water Act does not directly regulate nonpoint source water pollution, it does provide mechanisms that prompt states to address nonpoint source water quality problems within their borders. This prompt, however, merely raises the next question: when, or under what political conditions, will states actually do so? Although individual states within the United States provide many bases for comparison, this Article examines the issue of prompting nonpoint source regulation from an international comparative perspective, focusing on the nascent efforts of the Australian states of Victoria and Queensland to address nonpoint source pollution and the potential lessons ...


Migrating Boundaries, Katrina M. Wyman, Nicholas R. Williams 2015 University of Florida Levin College of Law

Migrating Boundaries, Katrina M. Wyman, Nicholas R. Williams

Florida Law Review

The boundaries between land parcels usually are assumed to be static and unchanging. However, not all land borders are stable. An important land boundary that routinely ambulates is the border between what is publicly and privately owned along U.S. coastal shores. This coastal boundary recently has been the subject of renewed attention from the courts, scholars, and even the popular press in the wake of Hurricane Sandy. This Article offers an economic analysis of why the boundary generally ambulates, rather than remaining perpetually fixed as land borders usually are assumed to do. It also considers whether the legal border ...


The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt 2015 University of Michigan Law School

The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt

Joel M Pratt

New Jersey and Delaware have often fought over their territorial boundaries in the Delaware River. Three times, they have litigated cases in the Supreme Court under the Court’s original jurisdiction to hear cases or controversies between states. In 1905, a Compact negotiated by the states and confirmed by Congress settled the first case between the two states. The second case between the two states led the Supreme Court to issue a Decree confirming the boundaries of the two states. The third case, which began in 2005, asked the Court to decide the scope of each state’s power to ...


Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons 2014 College of William & Mary Law School

Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons

William & Mary Environmental Law and Policy Review

No abstract provided.


Navigating Through The Confusion Left In The Wake Of Rapanos: Why A Rule Clarifying And Broadening Jurisdiction Under The Clean Water Act Is Necessary, Kristen Clark 2014 College of William & Mary Law School

Navigating Through The Confusion Left In The Wake Of Rapanos: Why A Rule Clarifying And Broadening Jurisdiction Under The Clean Water Act Is Necessary, Kristen Clark

William & Mary Environmental Law and Policy Review

No abstract provided.


Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi 2014 Memorial University

Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.


Getches Wilkinson Center Newsletter, Fall 2014, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2014 University of Colorado Law School

Getches Wilkinson Center Newsletter, Fall 2014, 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.


Blueprint For The Great Lakes Trail, Melissa K. Scanlan 2014 Vermont Law School

Blueprint For The Great Lakes Trail, Melissa K. Scanlan

Michigan Journal of Environmental & Administrative Law

The Great Lakes are vast yet vulnerable. There is a need to focus the public’s attention on the significance of the lakes for the region as a cohesive, binational whole. To address this need, build on existing water law, and engage the public, this Article provides a blueprint to establish a Great Lakes Trail on the shores of the Great Lakes. The Trail will link together 10,000 miles of coastline and provide the longest marked walking trail in the world. It will demarcate an already existing, yet largely unrecognized, public trust easement and engage the public with their ...


Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon 2014 University of Michigan Law School

Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon

Michigan Journal of Environmental & Administrative Law

This Note concerns the legal protection of groundwater-dependent ecosystems in the United States and abroad. By first describing the science and ecology of ecosystems that are dependent on groundwater and then surveying the current American legal system that fails to adequately protect groundwater-dependent ecosystems (GDEs), this Note proposes legal reforms that could vastly improve groundwater management systems. State protection of GDEs is sparse and often only operates indirectly as a result of states’ water policies focused on water quantity upkeep for consumptive purposes. Part I provides an overview of GDEs. Part II discusses state legal protection, including indirect state protection ...


The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene 2014 University of Georgia School of Law

The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene

Georgia Journal of International & Comparative Law

No abstract provided.


Three's A Crowd: Examining Georgia's Options In The Tri-State Water Wars Under Principles Of International Law, Eva M. LaManna 2014 University of Georgia School of Law

Three's A Crowd: Examining Georgia's Options In The Tri-State Water Wars Under Principles Of International Law, Eva M. Lamanna

Georgia Journal of International & Comparative Law

No abstract provided.


Domestic Solutions To The International Problem Of Water Scarcity: Singapore, A Case Study, Suzanne T. Lewis 2014 University of Georgia School of Law

Domestic Solutions To The International Problem Of Water Scarcity: Singapore, A Case Study, Suzanne T. Lewis

Georgia Journal of International & Comparative Law

No abstract provided.


River Of Contention: Scarcity Discourse And Water Competition In Highland Peru, Barbara Lynch 2014 Sam Nunn School of International Affairs, School of City and Regional Planning, Georgia Institute of Technology

River Of Contention: Scarcity Discourse And Water Competition In Highland Peru, Barbara Lynch

Georgia Journal of International & Comparative Law

No abstract provided.


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