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Full-Text Articles in Law
Too Much Of A Good Thing: Overcrowding At America's National Parks, Abby L. Timmons
Too Much Of A Good Thing: Overcrowding At America's National Parks, Abby L. Timmons
Notre Dame Law Review
This Note focuses on the National Park Service’s failure to act in adopting a carrying capacity for each park specifically, and discusses some of the negative effects this failure has had on individual parks. Part I provides a general background of the national parks system and will more fully explore the dual aims of its Organic Act. Part II discusses the NPS’s affirmative response to the 1978 amendment requiring carrying capacities, while Part III focuses on the ramifications of the widespread nonresponse by many of the parks. Part IV considers possible fixes, including not only inspiring the NPS to adopt …
National Parks And The Threats They Face: A World Survey, Jared Meek, Brigham Daniels
National Parks And The Threats They Face: A World Survey, Jared Meek, Brigham Daniels
Journal of Undergraduate Research
The earth is experiencing profound changes in its ecological health and rate of biodiversity loss across the globe. For example, birds, insects, and mammals of Europe are migrating northwards and uphill in response to observed climate changes1, and these changes are affecting the rate of European plant development2. According to one author, “It is estimated that one-third of all reef-building corals […] a third of sharks and rays, a quarter of all mammals, a fifth of all reptiles, and a sixth of all birds are headed toward oblivion. The losses are occurring all over: in the South Pacific and in …
The Path Of The Presidio Trust Legislation, Donald J. Hellmann
The Path Of The Presidio Trust Legislation, Donald J. Hellmann
Golden Gate University Law Review
Creating the Presidio Trust and enacting the other land protection measures in the Omnibus Parks Act was not been simple. The park service had originally envisioned in the general management plan for the Presidio that a partnership institution would be created to assist the National Park Service with management of the area. The park service's partnership idea would be changed substantially when the trust legislation emerged from Congress. This article will examine how the Presidio first became part of the National Park System, the efforts undertaken to provide the park service with the authority needed to manage the area, and …
From Fear Of Crime To Fear Of Nature: The Problem With Permitting Loaded, Concealed Firearms In National Parks, Avi Brisman, Alison Rau
From Fear Of Crime To Fear Of Nature: The Problem With Permitting Loaded, Concealed Firearms In National Parks, Avi Brisman, Alison Rau
Golden Gate University Environmental Law Journal
In this short paper, we first briefly describe the current regulations set forth under 36 C.F.R. § 2.4 and 50 C.F.R. § 27.42, the new rule, and three legislative measures intended to address the issue at hand (S.2619, H.R. 5434, and H.R. 5646).22 We then turn to some of the environmental arguments against the rule changes before offering our own—namely that the regulation might well foster a fear of nature that could prevent individuals from forming the type of bonds with nature that often provide the impetus for environmental protection.
Kelo V. City Of New London, Tulare Lake Basin Water Storage District V. United States, And Washoe County V. United States: A Fifth Amendment Takings Primer., Christopher L. Harris, Daniel J. Lowenberg
Kelo V. City Of New London, Tulare Lake Basin Water Storage District V. United States, And Washoe County V. United States: A Fifth Amendment Takings Primer., Christopher L. Harris, Daniel J. Lowenberg
St. Mary's Law Journal
The Takings Clause of the Fifth Amendment is a remedy available to citizens for the government's undue interference with private property rights. It operates similarly to an affirmative defense as it entitles citizens to “just compensation” when the government “takes” private property for “public use.” The Takings Clause thus embodies the idea that society values the protection of private property. The Supreme Court of the United States stated the purpose of the Takings Clause is “to bar Government from forcing citizens from bearing public burdens which, in all fairness, should be borne by the public as a whole.” Kelo v. …
The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard
The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard
University of Michigan Journal of Law Reform
This article explores the new legislative scheme as it pertains to national parklands. After outlining the history of the PSD concept, the article considers the PSD provisions and their application to national parklands. Examination of the visibility section, which rounds out the framework for preservation of parkland air resources set up in the PSD section, completes the discussion. The analysis focuses on several potential defects in the regulatory structure of the amendments, including the failure to extend immediate protection under the PSD and visibility sections to a large number of national parkland units, the somewhat unrealistic criteria chosen to define …