Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (80)
- University of Michigan Law School (10)
- Maurer School of Law: Indiana University (9)
- University of Miami Law School (8)
- Schulich School of Law, Dalhousie University (3)
-
- Selected Works (3)
- University of Montana (3)
- University of Oklahoma College of Law (3)
- American University Washington College of Law (2)
- Barry University School of Law (2)
- Roger Williams University (2)
- Seattle University School of Law (2)
- SelectedWorks (2)
- Texas A&M University School of Law (2)
- University of San Diego (2)
- BLR (1)
- Boston University School of Law (1)
- Claremont Colleges (1)
- Florida International University College of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- SJ Quinney College of Law, University of Utah (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas, Fayetteville (1)
- University of Kentucky (1)
- University of New Mexico (1)
- University of Richmond (1)
- Publication Year
- Publication
-
- Articles (9)
- Articles by Maurer Faculty (9)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (7)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (6)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (5)
-
- Michigan Journal of International Law (4)
- Michigan Law Review (4)
- Publications (4)
- Water and Growth in the West (Summer Conference, June 7-9) (4)
- Books, Reports, and Studies (3)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (3)
- Faculty Scholarship (3)
- Public Land & Resources Law Review (3)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (3)
- The Promise and Peril of Oil Shale Development (February 5) (3)
- Western Water Law in Transition (Summer Conference, June 3-5) (3)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (3)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (2)
- Dalhousie Law Journal (2)
- Endangered Species Act Congressional Field Tour (August 17-19) (2)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (2)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (2)
- Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25) (2)
- Oil and Gas, Natural Resources, and Energy Journal (2)
- San Diego International Law Journal (2)
- Sustainable Development Law & Policy (2)
- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (2)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (2)
- Water Organizations in a Changing West (Summer Conference, June 14-16) (2)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (2)
- Publication Type
Articles 1 - 30 of 150
Full-Text Articles in Law
Tarnished Gold: The Endangered Species Act At 50, Jonathan H. Adler
Tarnished Gold: The Endangered Species Act At 50, Jonathan H. Adler
FIU Law Review
The ESA is arguably the most powerful and stringent federal environmental law on the books. Yet for all of the Act’s force and ambition, it is unclear how much the law has done much to achieve its central purpose: the conservation of endangered species. The law has been slow to recover listed species and has fostered conflict over land use and scientific determinations that frustrate cooperative conservation efforts. The Article aims to take stock of the ESA’s success and failures during its first fifty years, particularly with regard the conservation of species habitat on private land. While the Act authorizes …
Marine Protected And Conserved Areas: Beneficial Uses Of Artificial Intelligence, Kyla Lucey
Marine Protected And Conserved Areas: Beneficial Uses Of Artificial Intelligence, Kyla Lucey
Catholic University Journal of Law and Technology
The ocean is an invaluable tool to the survival of humankind and “produces half of the world’s oxygen, absorbs and sequesters one third of the carbon dioxide human activities emit, provides protection from extreme weather events, and provides a source of food and livelihoods.” Without it, communities would suffer, animals would die off, industries would disappear, and the world would be much worse off. The recommendations made here reflect the growing concern the world has adopted regarding the climate crisis. This concern is warranted as many animals have already disappeared, plants are dwindling, and the once wild areas of the …
About Sdlp, Sdlp
About Sdlp, Sdlp
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Sustainable Development Law & Policy
The U.S. Resource Conservation and Recovery Act (“RCRA”) contains criminal provisions which allow prosecutors to seek substantial penalties when individuals commit hazardous waste crimes involving significant harm or culpable conduct. However, our empirical understanding of enforcement outcomes is limited. We used content analysis of 2,728 criminal prosecutions derived from U.S. EPA criminal investigations from 1983 to 2021 and examined all prosecutions of individual defendants for RCRA violations. Our results show that 222 prosecutions were adjudicated, with over $72.9 million in monetary penalties, 755 years of probation, and 451 years of incarceration levied at sentencing. Seventeen percent of prosecutions centered on …
Creating A Transparent Methodology For Measuring Success Within A Continuum Of Conservation For The America The Beautiful Initiative, Jamie Pleune
Utah Law Faculty Scholarship
On January 27, 2021, the Joseph Biden Administration identified the national goal of conserving at least 30% of our lands and waters by 2030. With this order, the America the Beautiful Initiative (“ATB Initiative”) was born, and the United States joined many other nations in adopting the 30 x 30 conservation target. However, beneath the lofty aspiration lay ambiguity. The Administration has not defined the term “conservation” or explained how it will be measured. Without a clear definition or metric for measuring the outcome of conservation projects, the ATB Initiative will lose credibility. The Biden Administration should avoid this result …
The Pandemic, Climate Change And Farm Subsidies, Allen H. Olson, Edward J. Peterson
The Pandemic, Climate Change And Farm Subsidies, Allen H. Olson, Edward J. Peterson
Journal of Food Law & Policy
Many people believe that once the COVID-19 pandemic has passed, life will return to the way it was. This belief is both unrealistic and dangerous. It is unrealistic because the virus will be around for years if not indefinitely. The timeframe for the worst of the pandemic will depend on our ability to administer effective vaccines worldwide and the public’s willingness to accept continued social distancing in the meantime. The damage done to public health, the economy and individuals is already substantial and will get worse. Recovery will be slow and incomplete. The belief that life will return to the …
Seriously Doe: Why A Hybrid Approach To Regulating Deer Farms Is Right For West Virginia, Jordan R. Mcminn
Seriously Doe: Why A Hybrid Approach To Regulating Deer Farms Is Right For West Virginia, Jordan R. Mcminn
West Virginia Law Review
No abstract provided.
Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter
Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
The Wild And Scenic Rivers Act At 50: Overlooked Watershed Protection, Michael C. Blumm, Max M. Yoklic
The Wild And Scenic Rivers Act At 50: Overlooked Watershed Protection, Michael C. Blumm, Max M. Yoklic
Michigan Journal of Environmental & Administrative Law
The Wild and Scenic Rivers Act (WSRA) marked its fiftieth anniversary in 2018 without much fanfare. The WSRA has been somewhat overshadowed by the Wilderness Act, which preceded it by four years, and by the National Environmental Policy Act and the pollution control statutes which followed in the 1970s. But the WSRA was a significant conservation achievement, has now extended its protections to over 200 rivers, and has the potential to provide watershed protection to many more in the future. This article explains the statute and its implementation over the last half-century as well as a number of challenges to …
The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur
The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur
Pitzer Senior Theses
In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.
In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …
Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks
Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks
Articles by Maurer Faculty
Authors' Synopsis: In October 2015, the American Bar Association's Real Property, Trust and Estate Law (RPTE) section convened a Conservation Easement Task Force. The objective of the Task Force was to provide recommendations regarding federal tax law as it relates to conservation easements. This Report is the culmination of the Task Force's work. Part I of the Report is an Executive Summary of the Task Force's recommendations. Part II provides the background necessary to understand the Task Force's recommendations. Part III briefly sets forth the Task Force's comments on the Tax Cuts and Jobs Act of 2017 as it relates …
Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick
Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public Land & Resources Law Review
In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
St. Mary's Law Journal
Abstract forthcoming
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks
Articles
No abstract provided.
Payments For Ecosystem Services: Past, Present And Future, James Salzman, Genevieve Bennett, Nathaniel Carroll, Allie Goldstein, Michael Jenkins
Payments For Ecosystem Services: Past, Present And Future, James Salzman, Genevieve Bennett, Nathaniel Carroll, Allie Goldstein, Michael Jenkins
Texas A&M Law Review
While we don’t tend to think about it, healthy ecosystems provide a variety of critical benefits. Ecosystem goods, the physical items an ecosystem provides, are obvious. Forests provide timber; coastal marshes provide shellfish. While less visible and generally taken for granted, the services underpinning these goods are equally important. Created by the interactions of living organisms with their environment, ecosystem services provide the conditions and processes that sustain human life.1 If you doubt this, consider how to grow an apple without pollination, pest control, or soil fertility. Once one realizes the importance of ecosystem services, three points quickly emerge: (1) …
Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta
Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta
Public Land & Resources Law Review
No abstract provided.
An Introduction To The National Park Service Symposium, Sarah J. Morath
An Introduction To The National Park Service Symposium, Sarah J. Morath
Akron Law Review
This symposium features four different perspectives on the National Park Service Centennial, and includes the voice of Donald J. Hellman, an attorney who has spent much of his career working for the National Park Service in Washington, D.C., Jamison E. Colburn, an environmental law and policy scholar at Penn State Law School and former EPA attorney, Julie Joly Lurman, a natural resources law and public lands expert, and Liz Putnam, a youth and conservation advocate.
Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans
Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans
Pace Environmental Law Review
The objectives of this paper are to discuss (1) a brief history of the Brazilian Forest Code (FC); (2) key aspects of the 2012 FC revisions; (3) the status of implementation, including institutional and field-level challenges, as well as economic incentives to ease compliance; and (4) the importance of the FC for the Brazilian agro-industrial sector.
Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
FLPMA Turns 40 (October 21)
The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy that …
For Texas, Now Is The Time To Force Groundwater Owners To Accommodate, Hilary C. Soileau
For Texas, Now Is The Time To Force Groundwater Owners To Accommodate, Hilary C. Soileau
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak
LLM Theses
Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley
Articles
Land conservation transactions have been the most active component of the conservation movement in the United States for the past three decades. Conservation organizations have acquired property rights-mostly conservation easements-to protect roughly 40 million acres of land nationwide. However, climate change threatens this vast edifice. Climate change means that the resources that land conservation transactions were intended to protect may not persist on the land protected. Options to purchase conservation easements ("OPCEs") have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, …
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Jonathan Wood
The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …
Bugging The Oil And Gas Industry: The American Burying Beetle In Oklahoma, Brett Thomas
Bugging The Oil And Gas Industry: The American Burying Beetle In Oklahoma, Brett Thomas
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan
Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan
Tim Sullivan
6 pages (includes color illustration). Contains references.
Slides: Gwc Review Report, Larry Macdonnell
Slides: Gwc Review Report, Larry Macdonnell
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Larry MacDonnell, University of Colorado Law School
12 slides
Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer
Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter Mayer, P.E., Water Demand Management
20 slides
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona
25 slides