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Articles 1 - 30 of 49
Full-Text Articles in Law
Prospects For A Unified Approach To Housing Affordability, Housing Equity, And Climate Change, Stephen R. Miller
Prospects For A Unified Approach To Housing Affordability, Housing Equity, And Climate Change, Stephen R. Miller
Articles
No abstract provided.
Governing Complexity: Integrating Science, Governance, And Law To Manage Accelerating Change In The Globalized Commons, Barbara Cosens
Governing Complexity: Integrating Science, Governance, And Law To Manage Accelerating Change In The Globalized Commons, Barbara Cosens
Articles
The speed and uncertainty of environmental change in the Anthropocene challenge the capacity of coevolving social–ecological–technological systems (SETs) to adapt or transform to these changes. Formal government and legal structures further constrain the adaptive capacity of our SETs. However, new, self-organized forms of adaptive governance are emerging at multiple scales in natural resource-based SETs. Adaptive governance involves the private and public sectors as well as formal and informal institutions, self-organized to fill governance gaps in the traditional roles of states. While new governance forms are emerging, they are not yet doing so rapidly enough to match the pace of environmental …
Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens
Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens
Articles
In the twenty-first century, our planet is facing a period of rapid and fundamental change resulting from human domination so extensive it is expected to be visible in the geologic record. The accelerating rate of change compounds the global social-ecological challenges already deemed "wicked" due to conflicting goals and scientific uncertainty. Understanding how connected natural and human systems respond to change is essential to understanding the governance required to navigate these modern wicked problems. This Article views change through the lens of complexity and resilience theories to inform the challenges of governance in a world dominated by such massive and …
An Ecological, Cultural, And Legal Review Of Pacific Lamprey In The Columbia River Basin, Adam Wicks-Arshack, Matthew Dunkle, Sammy Matsaw, Christopher Caudill
An Ecological, Cultural, And Legal Review Of Pacific Lamprey In The Columbia River Basin, Adam Wicks-Arshack, Matthew Dunkle, Sammy Matsaw, Christopher Caudill
Idaho Law Review
Pacific lamprey (Entosphenus tridentatus) is an anadromous species in an ancient lineage of jawless fishes. The species is native to the North Pacific and its marine-accessible freshwater rivers and streams. Pacific lamprey are understudied relative to other anadromous fishes and has severely declined in abundance throughout the Columbia River Basin. Indigenous people of the Snake and Columbia River Basins have long recognized the ecological role and value of lamprey through their spiritual and cultural practices connected to Pacific lamprey. The combined effects of poor passage at dams, historic and continued habitat degradation, and altered marine host conditions have contributed to …
Structuring Better Caps For Sustainability Incentive Programs, Courtney Moran, Casey Ball
Structuring Better Caps For Sustainability Incentive Programs, Courtney Moran, Casey Ball
Idaho Law Review
Policymakers who are eager to promote the development and adoption of environmentally sustainable technologies too often ignore certain important regulatory principles when crafting incentive programs. Some approaches to limiting and winding down sustainability incentive programs have proven to be inefficient and unjust. Too often, the winding down process only begins when lawmakers face unpredicted budgetary constraints. This article argues that state and federal lawmakers could better promote economic efficiency and equity in sustainability-oriented policy design by more consistently adhering to the principles of gradualism, adequate notice, and respect for investment-backed expectations. Using examples of deficiencies in certain net metering program …
Transboundary Pollution And Cercla Liability: International Manufacturers' Ability To Exploit Aerial Depositions, Connor M. Callahan
Transboundary Pollution And Cercla Liability: International Manufacturers' Ability To Exploit Aerial Depositions, Connor M. Callahan
Idaho Law Review
The Trail Smelter has a long and extensive history of pollution issues. The most recent claim against the Trail Smelter is the aerial deposition of hazardous waste theory. The Ninth Circuit has rejected attaching Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability to the Trail Smelter under the aerial deposition theory, but this holding cannot be accepted if the goal is to control pollution. Many issues arise with controlling transboundary pollution, including the enforcement of international agreements on the matter. In the absence of establishing an enforceable international treaty between the United States and Canada, CERCLA presents a viable …
An Ecological Theory Of Statutory Interpretation, Nicholas S. Bryner
An Ecological Theory Of Statutory Interpretation, Nicholas S. Bryner
Idaho Law Review
Canons of construction serve as a set of ground rules that judges rely on in interpreting statutes. Substantive canons of construction, in particular, are principles and presumptions that point judges in a specific policy direction in order to serve underlying public values. Many of these substantive canons share a common justification: judges have developed them to mitigate threats of irreversible harm to vulnerable and underrepresented interests and to incentivize clarity in the legislative process. This Article argues that environmental interests—the interests of present and future generations in maintaining ecological conditions that support life—merit similar protection. Therefore, judges should employ an …
Incorporating Social System Dynamics In The Columbia River Basin: Food-Energy-Water Resilience And Sustainability Modeling In The Yakima River Basin, Barbara Cosens
Articles
In the face of climate change, achieving resilience of desirable aspects of food-energy-water (FEW) systems already strained by competing multi-scalar social objectives requires interdisciplinary approaches. This study is part of a larger effort exploring “Innovations in the Food-Energy-Water Nexus (INFEWS)” in the Columbia River Basin (CRB) through coordinated modeling and simulated management scenarios. Here, we focus on a case study and conceptual mapping of the Yakima River Basin (YRB), a sub-basin of the CRB. Previous research on FEW system management and resilience includes some attention to social dynamics (e.g., economic and governance systems); however, more attention to social drivers and …
Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change, Barbara Cosens
Articles
This special feature presents articles on the cross-scale interactions among law, ecosystem dynamics, and governance to address the adaptive capacity of six watersheds in the United States as they respond to rapid environmental change. We build on work that assesses resilience and transformation in riverine and wetland social-ecological systems across the United States at a variety of scales, levels of development, and degrees of degradation, focusing specifically on the Anacostia River, Central Platte River, Klamath River, Columbia River, Middle Rio Grand River, and the Everglades wetlands. All of these cases involve complex institutional systems, histories involving ecological and social regime …
Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens
Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens
Articles
No abstract provided.
Local Environmental Regulation In The Mountain West, Stephen R. Miller
Local Environmental Regulation In The Mountain West, Stephen R. Miller
Articles
This article takes the opportunity to reflect upon the rapid rise and maturation of local environmental regulation in the Mountain West, which has been one of the country’s fastest growing regions in the last twenty-five years. Section I of this article first offers several reasons why local environmental regulation has become popular over the past several decades in the Mountain West. The article then explores several of the key forms of local environmental regulation to emerge. Section II focuses on those local environmental regulations that address living with and preserving access to the natural environment, both of which are among …
Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long
Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long
Articles
No abstract provided.
Local Official And Climate Change, Stephen R. Miller
Local Official And Climate Change, Stephen R. Miller
Articles
It is well-known that land use patterns can affect climate change—particularly the relation between land use development and transportation infrastructure. Yet even the most aggressive efforts to address climate change have largely ignored land use. This disconnect was noted in the Intergovernmental Panel on Climate Change’s most recent series of reports, collectively known as the Fifth Assessment Report (AR5). This Article, adapted from Chapter 5 of Contemporary Issues in Climate Change Law & Policy (ELI Press 2016), seeks to make insights into land use development from the AR5 more readily accessible to the U.S. local official, with emphasis on issues …
Avoiding Decline: Fostering Resilience And Sustainability In Midsize Cities, Barbara Cosens
Avoiding Decline: Fostering Resilience And Sustainability In Midsize Cities, Barbara Cosens
Articles
Eighty-five percent of United States citizens live in urban areas. However, research surrounding the resilience and sustainability of complex urban systems focuses largely on coastal megacities (>1 million people). Midsize cities differ from their larger counterparts due to tight urban-rural feedbacks with their immediate natural environments that result from heavy reliance and close management of local ecosystem services. They also may be less path-dependent than larger cities due to shorter average connection length among system components, contributing to higher responsiveness among social, infrastructural, and ecological feedbacks. These distinct midsize city features call for a framework that organizes information and …
Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens
Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens
Articles
Western societies have developed three approaches to governance of common pool resources such as water: 1) The division of the resource into private property; (2) government regulation; and 3) local self-organization. This article asserts that all three are needed in varying combinations to rise to the challenge presented by the impact of climate change on water supply and demand. Drought presents a preview of potential future climate scenarios and Australia and the western United States are both responding to its harshness through innovation in water governance. These experiments present an opportunity to compare the approaches of Australia and the western …
Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long
Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long
Articles
No abstract provided.
Making "Conservation" Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long
Making "Conservation" Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long
Articles
During the New Deal, as part of a larger effort implementing Progressive Era "conservation" regimes, the federal government authorized the structurally-invasive Flood Control Act of 1936. At the same time, the Standard State Soil Conservation Districts Law promoted the creation of local, place-based efforts to protect or restore locally-valued resources. "Conservation" thus came to signify both the invasive, structural, engineering approach of mid-20th Century flood control, and the local, more responsive and flexible nature of soil conservation districts. But our understandings of our place in the natural world have changed subtly but significantly over the past century. Any legitimate natural …
Symposium Introduction: Resilient Cities: Environment, Economy, Equity, Stephen R. Miller
Symposium Introduction: Resilient Cities: Environment, Economy, Equity, Stephen R. Miller
Articles
No abstract provided.
Identifying Legal, Ecological And Governance Obstacles, And Opportunities For Adapting To Climate Change, Barbara Cosens
Identifying Legal, Ecological And Governance Obstacles, And Opportunities For Adapting To Climate Change, Barbara Cosens
Articles
No abstract provided.
Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens
Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens
Articles
No abstract provided.
A Decade Of Adaptive Governance Scholarship: Synthesis And Future Directions, Barbara Cosens
A Decade Of Adaptive Governance Scholarship: Synthesis And Future Directions, Barbara Cosens
Articles
Adaptive governance is an emergent form of environmental governance that is increasingly called upon by scholars and practitioners to coordinate resource management regimes in the face of the complexity and uncertainty associated with rapid environmental change. Although the term “adaptive governance” is not exclusively applied to the governance of social-ecological systems, related research represents a significant outgrowth of literature on resilience, social-ecological systems, and environmental governance. We present a chronology of major scholarship on adaptive governance, synthesizing efforts to define the concept and identifying the array of governance concepts associated with transformation toward adaptive governance. Based on this synthesis, we …
Legitimacy, Adaptation And Resilience In Ecosystem Management, Barbara Cosens
Legitimacy, Adaptation And Resilience In Ecosystem Management, Barbara Cosens
Articles
Ecologists have made great strides in developing criteria for describing the resilience of an ecological system. In addition, expansion of that effort to social-ecological systems has begun the process of identifying changes to the social system necessary to foster resilience in an ecological system such as the use of adaptive management and integrated ecosystem management. However, these changes to governance needed to foster ecosystem resilience will not be adopted by democratic societies without careful attention to their effect on the social system itself. Delegation of increased flexibility for adaptive management to resource management agencies must include careful attention to assuring …
New Priorities As The Endangered Species Act Turns 40, Dale Goble
New Priorities As The Endangered Species Act Turns 40, Dale Goble
Articles
No abstract provided.
Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble
Articles
Kirtland’s warbler is one of many conservation-reliant species listed under the Endangered Species Act (ESA). This species has met recovery goals, but removing it from the protections of the ESA is problematic because of its reliance on ongoing conservation. We define conservation management agreements (CMAs) and describe how they may provide a mechanism to protect conservation-reliant species after delisting. We suggest that CMAs should include four major elements: (1) a conservation partnership capable of implementing management actions at conservation-relevant scales, (2) a conservation management plan based on the management actions in the species’ successful recovery plan, (3) sufficient financial resources …
Conservation Reliant-Species, Dale Goble
Conservation Reliant-Species, Dale Goble
Articles
A species is conservation reliant when the threats that it faces cannot be eliminated, but only managed. There are two forms of conservation reliance: population- and threat-management reliance. We provide an overview of the concept and introduce a series of articles that examine it in the context of a range of taxa, threats, and habitats. If sufficient assurances can be provided that successful population and threat management will continue, conservation-reliant species may be either delisted or kept off the endangered species list. This may be advantageous because unlisted species provide more opportunities for a broader spectrum of federal, state, tribal, …
A State-Based National Network For Effective Wildlife Conservation, Dale Goble
A State-Based National Network For Effective Wildlife Conservation, Dale Goble
Articles
State wildlife conservation programs provide a strong foundation for biodiversity conservation in the United States, building on state wildlife action plans. However, states may miss the species that are at the most risk at rangewide scales, and threats such as novel diseases and climate change increasingly act at regional and national levels. Regional collaborations among states and their partners have had impressive successes, and several federal programs now incorporate state priorities. However, regional collaborations are uneven across the country, and no national counterpart exists to support efforts at that scale. A national conservation-support program could fill this gap and could …
Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long
Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long
Articles
No abstract provided.
Realizing The Abstraction: Using Today's Law To Reach Tomorrow's Sustainability, Jerrold A. Long
Realizing The Abstraction: Using Today's Law To Reach Tomorrow's Sustainability, Jerrold A. Long
Articles
No abstract provided.
Conservation-Reliant Species And The Future Of Conservation, Dale Goble
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 …
Ackerson V. Bean Dredging, L.L.C., 589 F.3d 196 (5th Cir. 2009), Jessica M. Long
Ackerson V. Bean Dredging, L.L.C., 589 F.3d 196 (5th Cir. 2009), Jessica M. Long
Articles
No abstract provided.