Law Commons^™

Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt

The Promise and Peril of Oil Shale Development (February 5)

Presenter: David Bernhardt, Brownstein Hyatt Farber Schreck, Denver, CO

13 slides

Slides: The Peril Of Energy Usage, Mike Tupper

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Mike Tupper, Executive Vice President, Composite Technology Development, Inc.

9 slides

Slides: Oil Shale Water Needs, State Water Planning And The Colorado River Compact, Daniel R. Birch

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Daniel R. Birch, Deputy General Manager & Chief Engineer, Colorado River District

17 slides

Qualitative, Quantitative, And Integrative Conservation, Jamison E. Colburn

Journal Articles

In this essay for a symposium on new directions in environmental law, I reflect back on the last 35 years of Endangered Species Act (ESA) practice and offer several modest reforms. My claim is that conservation has been growing increasingly quantitative and risk-based, much like other fields of regulation, but that big problems lie ahead if this trend continues with the ESA as currently structured. In my view, the quantitative demands of listing species, designing recovery objectives, and designating so-called 'critical habitat' are depleting the resources we have put into the ESA because it is an expression of fundamentally qualitative …

Soundscape Conservation In U.S. National Parks: Implications For Adjacent Land Use Planning, Sarah L. Dumyahn, Bryan C. Pijanowski

GIS Day

Humans have altered the Earth’s ecosystems and biodiversity significantly. With the conversion of land and the loss of biodiversity, the world loses its natural sounds. The loss of natural sounds is compounded by the growing intrusions of motorized noise. Noise pollution is a ubiquitous problem in cities around the world, but the issue is spreading to more remote areas due to expanding transportation networks, motorized recreation and urban sprawl. The U.S. National Park Service (NPS) recognizes park soundscapes, or entire acoustic environment of a given area, as resources just as air and water are resources. However, national park resources are …

Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman

Articles by Maurer Faculty

Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of …

Conservation-Reliant Species And The Future Of Conservation, Dale Goble

Articles

Species threatened with extinction are the focus of mounting conservation concerns throughout the world. Thirty-seven years after passage of the U.S. Endangered Species Act in 1973, we conclude that the Act’s underlying assumption—that once the recovery goals for a species are met it will no longer require continuing management—is false. Even when management actions succeed in achieving biological recovery goals, maintenance of viable populations of many species will require continuing, species-specific intervention. Such species are “conservation reliant.” To assess the scope of this problem, we reviewed all recovery plans for species listed as endangered or threatened under the Act. Our …

The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman

Articles by Maurer Faculty

Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of …

Participatory Planning For A Promised Land: Citizen-Led, Comprehensive Land Use Planning In New York’S Adirondack Park, Ann Hope Ruzow Holland

Antioch University Full-Text Dissertations & Theses

New York’s Adirondack Park is internationally recognized for its biological diversity. Greater in size than Yellowstone, Everglades, Glacier, and Grand Canyon National Park combined, the Adirondacks are the largest protected area within the Northern Appalachian/Acadian Eco-Region and within the contiguous United States. Ecologists, residents of the Park, and others are concerned about rapid land use change occurring within the borders of the Park. Almost half of the six million acres encompassed by the Park boundary is privately-owned, where 80% of land use decisions fall within the jurisdiction of local governments. The comprehensive planning process of one such local government, the …

Entrenching Environmentalism, Christopher Serkin

Vanderbilt Law School Faculty Publications

This piece for the University of Chicago Law Review Symposium: Reassessing the State and Local Government Toolkit, examines how local governments can use private law mechanisms to entrench policy in ways that circumvent typical legal limitations. The piece examines in detail a specific example of a town donating conservation easements over property it owns to a third-party not-for-profit conservation organization in order ensure that the property would not be developed in the future. This is nearly the functional equivalent of passing an unrepealable zoning ordinance restricting development, something existing anti-entrenchment rules would never permit. The piece examines the costs and …