Digital Commons Network^™

Hydropower Relicensing In South Carolina, Mullen Taylor

Southeastern Environmental Law Journal

No abstract provided.

'Golden' Anniversary: 30-Year-Old Decision Is Fabric Of Land Use Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The famous New York case of Golden v. Ramapo helped create the movement towards smart growth thirty years ago. Ramapo, like most other towns in New York struggled with the familiar quandary of how to balance the pressures of absorbing growth while still controlling urban sprawl. Ramapo’s solution, to greatly reduce development in its jurisdiction for eighteen years in order to research more efficient development methods, sparked much controversy with local land owners. The United States Court of Appeals, in one of New York’s most significant contributions to smart growth, upheld Ramapo’s plan and created a groundbreaking precedent still widely …

Waiting To Exhale?: Global Warming And Tax Policy, Roberta Mann

American University Law Review

This article explores the links between energy policy, tax policy and global warming. This article focuses on tax policy, because the emerging consensus among legal scholars favors economic incentives rather than command-and-control regulations for reaching environmental goals, and the Federal income tax has proved an effective delivery system for economic incentives.

After briefly discussing of the science of global warming and the provisions of the Kyoto Protocol on Climate Change, the article reviews the impact of both existing tax law and current proposals for energy legislation on global warming, as well as potential international law consequences of failure to act …

Institutional Adaptation To Changing Risk Of Water Scarcity In The Lower Guadalquivir Basin, C. Giansante, M. Aguilar, L. Babiano, A. Garrido, A. Gomez, E. Iglesias, W. Lise, L. Moral, B. Pedregal

Natural Resources Journal

No abstract provided.

'Tahoe' Case: When Environmental Regulations Go 'Too Far', John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article reviews a recently decided United States Supreme Court case which held that a thirty-two month moratorium on development did not constitute a taking per se. The Court, building on logic from other recent decisions, found that moratoria are an effective land use tool, which prevent inefficient land development and consequently lead to increased land value. This article analyzes the court’s decision to hold that moratoria are never takings per se, instead holding that a court shall perform an ad hoc analysis to determine a moratorium’s constitutionality.

The Okavango River Basin In Southern Africa: A Case Study Of Transboundary Resource Management Issues, Robert K. Hitchcock

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

21 pages.

Contains references (pages 18-21).

Twenty Years After Chile’S Free Market Water Code: National And International Lessons About Water Law Reforms [Abstract], Carl J. Bauer

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.

Collaborating On Environmental Conservation, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Development law, local laws and policy that influence private land developers to appropriately develop land, affect the concerns of several groups including, private developers, municipalities, and environmentalists. By promoting environmental principles and revoking local regulatory obstacles, local governments can help encourage cooperation among these groups. This article highlights the success many New York communities have experienced in accommodating population growth while still reducing taxes and providing protection for the natural environment.

Waste Or Wasted? Rethinking The Regulation Of Coalbed Methane Byproduct Water In The Rocky Mountains: A Comparative Analysis Of Approaches To Cbm Produced Water Quantity Legal Issues In Utah, New Mexico, Colorado, Montana And Wyoming, Thomas F. Darin

Coalbed Methane Development in the Intermountain West (April 4-5)

30 pages.

Contains 13 pages of references.

Teaching Research Ethics: An Institutional Change Model, Michael Pritchard

Center for the Study of Ethics in Society Papers

Paper presented to the center, April 2002.

Research Ethics, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers published by the center, April 2002.

The Impact Of The Winter's Doctrine On Water Allocation To The Gila River Indian Community, Deana P. Benally

UNLV Theses, Dissertations, Professional Papers, and Capstones

Can the Gila River Indian Community rely upon the Winter's Doctrine (1908) to obtain more water than the past? The purpose of this thesis is to examine the impact of the Winter's Doctrine on the Gila River Indian Community (GRIC). This research paper uses the case study method to evaluate the relevance of the Winter's Doctrine on current negotiations. Results indicate that the Winter's Doctrine is not expected to have much of an impact on current negotiations with the U.S. Congress.

The Improvement Of Water And Water-Dependent Resources Under The Great Lakes Charter Annex, Sandra B. Zellmer, David Gecas, Anne Kori Mann

Faculty Law Review Articles

No abstract provided.

Rapporteur's Summary Of The Deliberative Forum: Sustainable Living, Climate Change, And Energy Production: The Ngo Agenda In Energy Policy, Anita M. Halvorssen

Colorado Environmental Law Journal

No abstract provided.

The Measure Of Indian Water Rights: The Arizona Homeland Standard, Gila River Adjudication, Barbara Cosens

Articles

On November 26, 2001, the Arizona Supreme Court concluded that Indian reservations were established as homelands. By articulating a homeland standard for the measure of reserved water rights based on tribal economic development plans, cultural needs, and historic water uses, the Arizona Supreme Court has eliminated many of the blatant inequities plaguing the current approach to Indian water rights quantification. Nevertheless, there are concerns with wholesale adoption of the Arizona standard, including the effect on those who have devoted resources in reliance on the previous standard, the introduction of uncertainty in the method of quantification, and the impact on federal …

Environmental Federalism In The United States And The European Union: A Harmonic Convergence, Alfred R. Light

St. Thomas Law Review

In 1788, Benjamin Franklin wrote to some European friends just after the United States Constitution was signed in Philadelphia, "I send you. . . the proposed new federal Constitution for these states [i]f it succeeds, I do not see why you might not in Europe [do the same] by forming a Federal Union and one grand republic of all the different states and kingdoms; by means of a like Convention, for we had many interests to reconcile." Here, in the twenty-first century, Americans still measure their system of federalism with reference to the same document to which Franklin referred. It …

An Attempt To Intervene In The Confusion: Standing Requirements For Rule 24 Intervenors, Amy M. Gardner

Articles

No abstract provided.

Speakers At The 26th Annual Canada-United States Law Institute Conference, Speakers

Canada-United States Law Journal

No abstract provided.

The Environmental Implications Of The Discovery And Delivery Of New Energy Resources In The Canada/U.S. Context, James E. Hickey Jr.

Canada-United States Law Journal

new energy resources--Canada, alternative energy resources--United States

Rough Seas Ahead For Alaska Cruises? The Judicial And Legislative Battle Over Glacier Bay, Samantha S. Marrin

Fordham Environmental Law Review

No abstract provided.

Current Issues In The Changing Roles And Practices Of Community Economic Development Lawyers, Susan R. Jones

GW Law Faculty Publications & Other Works

This Article, part of a symposium entitled "Lawyering for a New Democracy," explores current issues related to the changing roles of public interest lawyers engaged in Community Economic Development (CED) in a new democracy. After discussing current issues and trends in CED practice, the author concludes that CED is inherently privatized and is becoming more so with the national emphasis on economic self-sufficiency. The author provides lessons from law school clinical practice of enhanced strategic collaborations and highlights current trends and issues involving technology, leadership development, community organizing, asset accumulation, and social capital. Furthermore, leadership development and community organizing are …

Defining The Right Of Self-Defense: Working Toward The Use Of A Deadly Force Appendix To The Standing Rules Of Engagement For The Department Of Defense, Major David Bolgiano, Captain Mark Leach, Major Stephanie Smith, Lieutenant Colonel John Taylor

University of Baltimore Law Review

No abstract provided.

Land Use Planning In San Diego, Janet A. Anderson

UC Law Environmental Journal

No abstract provided.

Atlantic Salmon, Pacific Bound: Initiative, Defiance, Courage, And Indian Tribes In Environmental Law, William H. Rodgers, Jr.

Articles

I want to address my remarks to the students of the University of Maine School of Law who will face a great deal of unfinished legal business on the topics of salmon, Indian tribes, and environmental law.

Elsewhere, I have derived what I describe as the five virtues of effective action (genius, high-leveraging, symbolism, optimism, courage). People of achievement, lawyers or otherwise, are familiar with these virtues and display them in many creative forms.

Next, I will peer through this lens of effective action at some key moments in the history of Atlantic-Pacific Salmon Interactions. This coming together has been …

The Proof Is In The Policy: The Bush Administration, Nonpoint Source Pollution, And Epa's Final Tmdl Rule, R. Bryant Mcculley

Washington and Lee Law Review

No abstract provided.

Broward V. Environmental Protection Agency: Cercla's Bar On Pre-Enforcement Review Of Epa Cleanups Under Section 113(H), Robert G. Ruggieri

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Water And Population In The American West, Denise D. Fort

Faculty Scholarship

The American West is justly famed for its sunshine and wide skies.1 However, there is a potent combination of low rainfall and growing population in the West that ensures that water, or the lack of it, will remain another well-known feature of the region. As the number of people sharing already stressed water supplies increases, the economic, ecological, and social costs of providing water become more evident. Agriculture consumes about 90% of the water that is extracted in the West, and the transfer from agricultural to municipal and industrial uses is invariably complex. Increased water extraction has resulted in the …

In Praise Of Parochialism: The Advent Of Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explains the role that local governments have assumed in protecting the environment, explores the means by which they have obtained their authority to do so, and discusses how this enhanced municipal role should influence environmental and land use policy at the federal and state level. Part II reviews federal efforts to control nonpoint source pollution, and identifies the constraints on federal action. Among these constraints is the national understanding that the power to control the private use of land is a state prerogative, one that has been delegated, in most states, to local governments. Part III describes how …

Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In this symposium issue of the Pace Environmental Law Review we take a close look at the advent of local environmental law. With the editors of the Review and a number of distinguished scholars and practitioners, we define what this new field is and consider what it means for public policy and the practice of law. The intent of this issue is to invite lawyers, scholars, practitioners, legislators, regulators, students, and citizen leaders to consider this burgeoning new field: local environmental law. It is my task to introduce the reader to the field and frame the issues for its further …

A Generational History Of Environmental Law And Its Grand Themes: A Near Decade Of Garrison Lectures, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

I have been privileged to hear, enjoy and learn from the talks of each of our Garrison Lecturers during the last eight years, as well as our discussions with them here today. In preparation for my duties as a summarizer, I studied their talks, printed in our Pace Environmental Law Review. I was delighted to find that the body of their commentary is far more than the sum of its parts. Together our lecturers take us on a grand journey through the history of modern environmental law, its heroes and villains, its accomplishments and its weaknesses. Together they sound all …