Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (29)
- University of Washington School of Law (23)
- Case Western Reserve University School of Law (18)
- Pace University (4)
- SelectedWorks (4)
-
- University of Arkansas, Fayetteville (3)
- Boston University School of Law (2)
- Brigham Young University Law School (2)
- Schulich School of Law, Dalhousie University (2)
- University of Michigan Law School (2)
- University of New Mexico (2)
- Columbia Law School (1)
- New York Law School (1)
- Nova Southeastern University (1)
- Osgoode Hall Law School of York University (1)
- UIC School of Law (1)
- University of Connecticut (1)
- University of Oklahoma College of Law (1)
- Keyword
-
- Ohio (18)
- State law; State administrative decision (10)
- Endangered Species Act (9)
- United States (9)
- State law; State administrative decision; (8)
-
- Colorado (7)
- Clean Water Act (6)
- Idaho (6)
- McCarran Amendment (6)
- Wyoming (5)
- Montana (4)
- Arizona v. California (3)
- ESA (3)
- Endangered species (3)
- Environmental Protection Agency (3)
- Environmental law (3)
- Irrigation (3)
- Lake McConaughy (3)
- Land Use (3)
- NELMCC (3)
- Nebraska (3)
- Nevada (3)
- New Mexico (3)
- Oregon (3)
- Platte River (3)
- Public Land Law (3)
- Public Lands (3)
- West (3)
- Agriculture (2)
- Antidegradation (2)
- Publication
-
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (23)
- Ohio Oil & Gas Commission Decisions (18)
- United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000)) (6)
- Washington Law Review (6)
- Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999)) (6)
-
- Faculty Scholarship (5)
- United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000)) (4)
- Annual of the Arkansas Natural Resources Law Institute (3)
- Books, Reports, and Studies (3)
- Pace Environmental Law Review (3)
- Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) (3)
- Robert R.M. Verchick (3)
- American Indian Law Review (1)
- Articles (1)
- Brigham Young University Journal of Public Law (1)
- Circuit Court Opinions (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Papers (1)
- ILSA Journal of International & Comparative Law (1)
- LLM Theses (1)
- Michigan Law Review (1)
- Natural Resources Journal (1)
- Osgoode Hall Law Journal (1)
- Paul Stanton Kibel (1)
- PhD Dissertations (1)
- UIC Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Publication Type
Articles 1 - 30 of 98
Full-Text Articles in Law
Appeal No. 0670: Kermit Harris & Pearl Hendricks V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0670: Kermit Harris & Pearl Hendricks V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-73
The Engineering Aspects Of The Implied Covenant To Protect Against Drainage, Henry C. Coutret
The Engineering Aspects Of The Implied Covenant To Protect Against Drainage, Henry C. Coutret
Annual of the Arkansas Natural Resources Law Institute
No abstract provided.
Aboriginal Forestry: Community Management As Opportunity And Imperative, Deborah Curran, Michael M'Gonigle
Aboriginal Forestry: Community Management As Opportunity And Imperative, Deborah Curran, Michael M'Gonigle
Osgoode Hall Law Journal
In recognition that forests are one of their greatest resources, Aboriginal peoples are considering how altered tenure arrangements might uphold traditional values, including ecological integrity, while providing economic and employment opportunities. However, the federal and provincial forest management structures have historically precluded First Nations from helping to define, and participate in, the forest industry. The authors explore the legal and regulatory basis of forest management in Canada, and assess how it facilitates or impedes Aboriginal management of traditional areas. This is done through a legislative and policy analysis, and through the use of case studies from across Canada. The authors …
Appeal No. 0663: Halwell Company, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0663: Halwell Company, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 99-20
Appeal No. 0661: Halwell Company V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0661: Halwell Company V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 99-24
Appeal No. 0589: Estate Of M. Morrison V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Appeal No. 0589: Estate Of M. Morrison V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order 96-161
Appeal No. 0668: Dr. James Papitran V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0668: Dr. James Papitran V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-69
Appeal No. 0667: Century Well Service V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0667: Century Well Service V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-64
Resource Law Notes Newsletter, No. 47, Fall Issue, 1999, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes Newsletter, No. 47, Fall Issue, 1999, University Of Colorado Boulder. Natural Resources Law Center
Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)
No abstract provided.
International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye
International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye
PhD Dissertations
This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …
Appeal No. 0669: Dr. James Papritan V. Division Of Oil & Gas & Belden & Blake, Et Al.,, Ohio Oil & Gas Commission
Appeal No. 0669: Dr. James Papritan V. Division Of Oil & Gas & Belden & Blake, Et Al.,, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 99-70
Appeal No. 0671: Art & Carol Crann V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0671: Art & Carol Crann V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-103
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Michigan Law Review
In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …
Appeal No. 0662: William C. Barteles, Et Al V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0662: William C. Barteles, Et Al V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-11 (Energy Resources of America)
Appellant State Of Washington's Reply Brief
Appellant State Of Washington's Reply Brief
United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))
No abstract provided.
Appellee Confederated Tribes Of The Chehalis Reservation Answering Brief
Appellee Confederated Tribes Of The Chehalis Reservation Answering Brief
United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))
No abstract provided.
Answering Brief Of Appellee Quinault Indian Nation
Answering Brief Of Appellee Quinault Indian Nation
United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))
No abstract provided.
What A Salmon Czar Might Hope For, William H. Rodgers Jr.
What A Salmon Czar Might Hope For, William H. Rodgers Jr.
Washington Law Review
Senate Bill 5595 is denominated "Salmon Recovery Funding." It is a structural and planning law. It authorizes establishment of a Salmon Recovery Funding Board that will fix criteria and allocate funds for "salmon habitat projects" and "salmon recovery activities." The projects include habitat restoration and protection; the activities include preparation of stream corridor guidelines and programmatic permitting endeavors. The Board will work from a "habitat project list" that is to be developed by a "critical pathways methodology." This approach is defined as "a project scheduling and management process for examining interactions between habitat projects and salmonid species prioritizing habitat projects, …
The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello
The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello
Washington Law Review
Salmon play a significant role in the culture, economy, and ecology of Washington State. Their threatened extinctions have led to a string of listings under the federal Endangered Species Act. This Article considers our response to these listings and the relationship of that response to federal oversight. Part I discusses how the ESA will affect the actions and activities of state and local governments and the citizens they serve. Part II discusses the need for latitude on the part of the federal agencies in assessing the value of state conservation and recovery efforts. This Article concludes that the plight of …
Truce In The Salmon War: Alternatives For The Pacific Salmon Treaty, Karol De Zwager Brown
Truce In The Salmon War: Alternatives For The Pacific Salmon Treaty, Karol De Zwager Brown
Washington Law Review
The 1985 Pacific Salmon Treaty was heralded as an end to the ongoing international dispute between the United States and Canada over Pacific salmon fishing rights. The Treaty, however, failed to define adequately the principles and processes for allocating salmon harvests between the two countries. The parties to the Treaty have been unable to reach consensus on annual salmon harvests since 1992, fueling a growing conflict which has threatened to spill over to issues beyond the fishery dispute. This Article examines the historical context of the "salmon war," highlighting changes in international law and domestic politics that affected the formation …
How Do You Learn From A River? Managing Uncertainty In Species Conservation Policy, John M. Volkman
How Do You Learn From A River? Managing Uncertainty In Species Conservation Policy, John M. Volkman
Washington Law Review
As the Puget Sound region embarks on a new chapter in the story of the Endangered Species Act, experiences with fish and wildlife restoration efforts in other locations can be instructive. This Article reviews conservation efforts in the Columbia River Basin, and it explains the major role that scientific uncertainty plays in salmon conservation efforts. This discussion describes the debate between traditional fish and wildlife management, which focuses more on individual populations and mitigation technologies, and recent scientific reports, which urge more reliance on naturally functioning rivers and watersheds. The Article also describes a variety of learning tools that have …
Salmon And The Endangered Species Act: Lessons From The Columbia Basin, Michael C. Blumm, Greg D. Corbin
Salmon And The Endangered Species Act: Lessons From The Columbia Basin, Michael C. Blumm, Greg D. Corbin
Washington Law Review
Within the last decade, the Columbia Basin, once home to the world's largest salmon runs, has witnessed numerous listings of its signature natural resource under the Endangered Species Act (ESA). These listings have propelled the ESA into the forefront of land and water use decisionmaking across a vast landscape of the Pacific Northwest This Article examines the Columbia Basin salmon listings and their aftermath. Specifically, it considers the effect of the ESA's consultation requirements on hydroelectric, hatchery, harvest, and habitat decisionmaking. The Article draws several lessons from this examination, many of them surprising, including the assertion that the listings have …
The Role Of Rights In Benefit Cost Methodology: The Example Of Salmon And Hydroelectric Dams, Richard O. Zerbe Jr., Linda J. Graham
The Role Of Rights In Benefit Cost Methodology: The Example Of Salmon And Hydroelectric Dams, Richard O. Zerbe Jr., Linda J. Graham
Washington Law Review
Benefit cost analysis is a well-established technique for assessing the impacts of proposed actions. Accurate benefit cost analysis is essential to making informed decisions through an understanding of the trade-offs involved in alternative actions. This Article presents a methodology for improving current benefit cost techniques and hence the usefulness of benefit cost analysis to decisionmakers. The proposed methodology is based on recognition of the roles of legal rights and psychological expectations in benefit cost analysis. Proper consideration of these rights and expectations is critical to an accurate determination of how benefits and costs are measured and whose interests are included …
Appeal No. 0665: Pennzoil Exploration & Production V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0665: Pennzoil Exploration & Production V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 99-38
Appeal No. 0664: Alsid Oil & Gas Development Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0664: Alsid Oil & Gas Development Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-39
Appellant State Of Washington's Opening Brief
Appellant State Of Washington's Opening Brief
United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))
No abstract provided.
Platte River Endangered Species Partnership: Collaboration Or Coercion In Disguise, Dale Strickland
Platte River Endangered Species Partnership: Collaboration Or Coercion In Disguise, Dale Strickland
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
9 pages.
An Environmental Perspective On Collaboration In Large Ecosystem Restoration Processes, Daniel F. Luecke
An Environmental Perspective On Collaboration In Large Ecosystem Restoration Processes, Daniel F. Luecke
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
13 pages (includes illustration).
Contains 3 pages of references.
Collaborative Approaches To Conservation: A Critical Look, Larry Macdonnell
Collaborative Approaches To Conservation: A Critical Look, Larry Macdonnell
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
7 pages.
Regional Water Planning In Texas, John Folk-Williams
Regional Water Planning In Texas, John Folk-Williams
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
4 pages.