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Articles 1 - 30 of 31
Full-Text Articles in Law
Environmental Law, Brooks Meredith Smith, Andrea West Wortzel
Environmental Law, Brooks Meredith Smith, Andrea West Wortzel
University of Richmond Law Review
No abstract provided.
United States Supreme Court Rules Epa Must Take Action On Greenhouse Gas Emissions: Massachusetts V. Epa, Saillan De Charles
United States Supreme Court Rules Epa Must Take Action On Greenhouse Gas Emissions: Massachusetts V. Epa, Saillan De Charles
Natural Resources Journal
No abstract provided.
Introduction, G. Emlen Hall
'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim
'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim
Natural Resources Journal
No abstract provided.
Chumming On The Chesapeake Bay And Complexity Theory: Why The Precautionary Principle, Not Cost-Benefit Analysis, Makes More Sense As A Regulatory Approach, Hope M. Babcock
Washington Law Review
"[H]istory reveals not merely that change is real but also that change is various. All change is not the same, nor are all changes equal. Some changes are cyclical, some are not. Some changes are linear, others are not. Some changes take an afternoon to accomplish, some a millennium. We can no more take any particular kind of change as absolutely normative than we can take any particular state of equilibrium as normative .... The challenge is to determine which changes are in our enlightened self-interest and are consistent with our most rigorous ethical reasoning, always remembering our inescapable dependency …
Recovery In A Cynical Time—With Apologies To Eric Arthur Blair, Dale D. Goble
Recovery In A Cynical Time—With Apologies To Eric Arthur Blair, Dale D. Goble
Washington Law Review
The drafters of the Endangered Species Act envisioned a process in which a species at risk of extinction would be protected while the threats it faces are removed so that it recovers. Over the first three decades of experience with the Act, implementation has proved to be far more complex. Recovering at-risk species imposes two different types of requirements. Biologically, recovery is a demographic problem: the species's population must have increased in numbers and dispersed geographically to a point at which nature's random risks have been reduced so that the species is no longer in danger of extinction. The risk-management …
Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus
Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus
Washington Law Review
Dealing with uncertainty is widely recognized as the key challenge for environmental and natural resource decisionmaking. Too often, though, that challenge is considered only from an ex ante perspective which treats uncertainty as an invariant feature that must be accounted for but cannot be changed. With respect to many natural resource management decisions, that picture is misleading. Decisions are often iterative or similar, providing significant opportunities for leaming. Where such opportunities are available and inaction is not feasible or desirable, learning while doing can provide the benefits of both the precautionary principle and scientific decisionmaking while minimizing the key weaknesses …
From Stratton To Uscop: Environmental Law Floundering At Sea, Donna R. Christie
From Stratton To Uscop: Environmental Law Floundering At Sea, Donna R. Christie
Washington Law Review
No abstract provided.
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
University of Michigan Journal of Law Reform
The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding-the proposed new compact because it has not yet been ratified by any State nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …
The Role Of Local Governments In Great Lakes Environmental Governance: A Canadian Perspective, Marcia Valiante
The Role Of Local Governments In Great Lakes Environmental Governance: A Canadian Perspective, Marcia Valiante
University of Michigan Journal of Law Reform
Restoration of environmental integrity in the Great Lakes Basin has been only a qualified success after thirty-five years of efforts pursuant to policies developed by federal, state, and provincial governments. Many unresolved problems stem from activities under local government control, yet in the past local governments were excluded from Great Lakes policy-making. By looking at recent changes in the powers, interests, experience, and influence of local governments in Ontario, this Essay concludes that local governments now have the ability to participate meaningfully in Great Lakes policy formation and implementation. To include local governments would improve the chances of successful restoration …
The Public Trust In Surface Waterways And Submerged Lands Of The Great Lakes States, Bertram C. Frey, Andrew Mutz
The Public Trust In Surface Waterways And Submerged Lands Of The Great Lakes States, Bertram C. Frey, Andrew Mutz
University of Michigan Journal of Law Reform
The modern public trust doctrine compels each Great Lakes state to protect the sustainable future of the Lakes and to preserve traditional public uses. At the same time, the doctrine constrains the states' powers to allow exploitation of trust resources. This Article provides a brief historical overview of the public trust doctrine in waterways and their submerged lands. It next explores how the eight Great Lakes states have applied the doctrine, discusses the surprising number of differences in the doctrine's development from state to state, and provides comparison charts. After analyzing the variety of approaches used by the eight states …
From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace
From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace
University of Michigan Journal of Law Reform
Wetlands regulation in the United States has a tumultuous history. The early European settlers viewed wetlands as obstacles to development, and they drained and filled wetlands and swamps at an astounding rate, often with government support, straight through the middle of the twentieth century. As evidence of the ecological significance of wetlands emerged over the last several decades, programs to protect and restore wetlands became prominent. Most notable among these is the permitting program under section 404 of the Clean Water Act. That provision prohibits dredging or filling of "navigable waters, " defined by law to mean "waters of the …
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
University of Michigan Journal of Law Reform
Since 1985, the eight Great Lakes states and the Canadian provinces of Ontario and Quebec have cooperated to prevent almost all diversions of water from the Great Lakes basin. In 2005, the eight states signed an Agreement to create a tiered system of reviews for diversions and a draft interstate Compact, which creates a binding process to regulate diversions. This cooperation is primarily a state initiative, supported by the federal governments in both countries, which has paid little attention to the international character of the lakes. This Essay argues that there are three major benefits to the region from the …
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
University of Michigan Journal of Law Reform
In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …
Best Brief For Appellant (Province & Village): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Bryce Baker, Corinne Fratini, Jeremy Syz
Best Brief For Appellant (Province & Village): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Bryce Baker, Corinne Fratini, Jeremy Syz
Pace Environmental Law Review
No abstract provided.
2007 Judges' Edition Bench Memorandum: Nineteenth Annual Pace National Environmental Law Moot Court Competition, Mackenzie Schoonmaker, James Simpson
2007 Judges' Edition Bench Memorandum: Nineteenth Annual Pace National Environmental Law Moot Court Competition, Mackenzie Schoonmaker, James Simpson
Pace Environmental Law Review
No abstract provided.
David Sive Award For Best Brief Overall: Brief For Appellees (The Companies): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Katherine Gale, Nick Rogers
David Sive Award For Best Brief Overall: Brief For Appellees (The Companies): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Katherine Gale, Nick Rogers
Pace Environmental Law Review
No abstract provided.
Best Brief For Appellee (Epa): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Lauren S. Christopher, Andrew F. Lopez
Best Brief For Appellee (Epa): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Lauren S. Christopher, Andrew F. Lopez
Pace Environmental Law Review
No abstract provided.
Introduction, G. Emlen Hall
Joe Stell's Life, Career, & Contributions, Susan Kelly
Joe Stell's Life, Career, & Contributions, Susan Kelly
Water Matters!
Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …
Should The Relationship Of Wto Obligations To U.S. Law Be Reinvented?, John R. Magnus
Should The Relationship Of Wto Obligations To U.S. Law Be Reinvented?, John R. Magnus
ILSA Journal of International & Comparative Law
The blurb in your program brochure asks, "Should the U.S. adopt a new procedure for implementing adverse World Trade Organization (WTO) decisions, possibly including an active role for U.S. courts?"
Analisis Del Principio De Complentariedad De La Corte Penal Internacional Tras El Lente De Las Cortes Federales, Ada Sheng
ILSA Journal of International & Comparative Law
La firma del Estatuto de Roma que cre6 la Corte Penal Internacional (CPI) fue visto por muchos en la comunidad de derecho internacional como un momento constitucional similar a la implementaci6n del Acto de Judicatura de 1789.
"The Ghosts Of Colonialism In Africa": Silences And Shortcomings In The Icjs 2005 Armed Activities Decision, Guy Fiti Sinclair
"The Ghosts Of Colonialism In Africa": Silences And Shortcomings In The Icjs 2005 Armed Activities Decision, Guy Fiti Sinclair
ILSA Journal of International & Comparative Law
International law likes to imagine itself as neutral, dispassionate, and prin- cipled, operating above the petty squabbles and prejudices of states and peoples.
The Regional Greenhouse Gas Initiative And California Assembly Bill 1493: Filling The American Greenhouse Gas Regulation Void, Michael H. Wall
The Regional Greenhouse Gas Initiative And California Assembly Bill 1493: Filling The American Greenhouse Gas Regulation Void, Michael H. Wall
University of Richmond Law Review
No abstract provided.
What Is Natural Resources Law?, Robert L. Fischman
What Is Natural Resources Law?, Robert L. Fischman
University of Colorado Law Review
No abstract provided.
After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank
After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank
University of Colorado Law Review
In both its 1995 decision United States v. Lopez and in its 2000 decision United States v. Morrison, the Supreme Court had adopted a narrow economic interpretation of congressional authority to regulate intrastate activities under the Commerce Clause. In four separate cases, three circuit courts (the District of Columbia, Fourth, and Fifth Circuits) struggled with deciding whether Congress may still protect endangered and threatened species that have little commercial value under the Commerce Clause after Lopez and Morrison. In each case, the court concluded that Congress did have the authority to protect endangered species under the Commerce Clause, including small …
Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff
University of Colorado Law Review
No abstract provided.
From Martz To The Twenty-First Century: A Half- Century Of Natural Resources Law Casebooks And Pedagogy, Michael C. Blumm, David H. Becker
From Martz To The Twenty-First Century: A Half- Century Of Natural Resources Law Casebooks And Pedagogy, Michael C. Blumm, David H. Becker
University of Colorado Law Review
Clyde Martz published the first natural resources law casebook in 1951, combining the previously discrete subjects of water law, mining law, and oil and gas law. Martz relied almost exclusively on case excerpts and emphasized the creation of private rights in natural resources. Over the nexthalf century, through several generations of casebooks, the natural resources course developed in response to the rise of the environmental movement and a series of energy crises. This article traces the evolution of the natural resources law casebooks from Martz's pioneering effort through several generations of texts to a new generation of casebooks that has …
E-Mail To Rebecca, Dale D. Goble
E-Mail To Rebecca, Dale D. Goble
University of Colorado Law Review
H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …
From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond
From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond
Natural Resources Journal
No abstract provided.