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Articles 1 - 7 of 7
Full-Text Articles in Law
A Brief Legal History Of Wisconsin Conservation, Jason J. Czarnezki, Carolyn Drell
A Brief Legal History Of Wisconsin Conservation, Jason J. Czarnezki, Carolyn Drell
Marquette Law Review
The State of Wisconsin’s longstanding conservation ethic includes the passage of the Conservation Education Statute, which required conservation of natural resources be taught in public schools, and the creation of “Earth Day.” However, a lack of recent interest and scholarship in Wisconsin’s important conversation history and development of conservation law has driven us to write this Article which offers a brief legal history of Wisconsin conservation— how the state’s conservation values were expressed in law, how its natural resources law has evolved and what that has (and has not) embodied, and how Wisconsin helps us define modern concepts of “conservation.” …
Informational Regulation, The Environment, And The Public, Katrina Fischer Kuh
Informational Regulation, The Environment, And The Public, Katrina Fischer Kuh
Marquette Law Review
Informational Regulation, the Environment, and the Public generates a typology to analyze how public disclosure functions in informational regulation. In the environmental context, informational regulation compels the public disclosure of environmental information without mandating substantive environmental outcomes in the expectation that disclosure itself will prompt beneficial change in the environmental context. Application of the Article’s typology reveals that the emperor has no clothes: Communication of environmental information to the public is considered central to policies employing informational regulation, but the information produced pursuant to these measures largely fails to reach or be understood by lay individuals. For example, empirical data …
Climate Change, Sustainability, And The Failure Of Modern Property Theory, Jill M. Fraley
Climate Change, Sustainability, And The Failure Of Modern Property Theory, Jill M. Fraley
Marquette Law Review
Property rights are, I argue, the single largest legal limitation on our ability to respond effectively to the climate change crisis. This is because our understanding of the scope of property rights shapes and limits legal concepts such as regulatory takings, land use law, common law tort and property claims, and statutory environmental regulation. Property sets our cultural norms about how much the government can or should control the uses of land. The goals of this Article are to (1) historically demonstrate the failures of socially oriented property theory as they are represented in the analytical framework of doctrines such …
Murr And Wisconsin: The Badger State's Take On Regulatory Takings
Murr And Wisconsin: The Badger State's Take On Regulatory Takings
Marquette Law Review
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Conservation Easements As A Way To Preserve Wisconsin’S Farmland: Why Wisconsin Should Adopt A Transferable Tax Credit Program, Jennifer E. Krueger
Conservation Easements As A Way To Preserve Wisconsin’S Farmland: Why Wisconsin Should Adopt A Transferable Tax Credit Program, Jennifer E. Krueger
Marquette Law Review
Conservation easements are a tool landowners can use to protect their land and preserve it for generations to come. Given the new emphasis society places on preserving the environment, many states have enacted some form of a conservation easement program where landowners who encumber their property with a conservation easement can receive a benefit for doing so. Wisconsin and Virginia are two states with this type of program. Wisconsin’s conservation easement program allows a landowner to donate his land and the state pays him the difference in the market value. Virginia’s program, on the other hand, allows a landowner to …
Diversions From The Great Lakes: Out Of The Watershed And In Contravention Of The Compact, Christina L. Wabiszewski
Diversions From The Great Lakes: Out Of The Watershed And In Contravention Of The Compact, Christina L. Wabiszewski
Marquette Law Review
Alarmingly, in the next fifty years the United States will face not just drought, but complete dissemination of readily accessible water resources in areas ranging from its breadbaskets to its commercial and financial epicenters. As these lakes, reservoirs, wells, and aquifers drain, the communities that depend upon them will seek alternative and further-reaching water sources into which they can dip their proverbial straws. The most alluring and perhaps the most vital of these sources are the Great Lakes. In recognition that such straws may descend and that “Future Diversions and Consumptive Uses of Basin Water resources have the potential to …
A Breach Of Trust: Rock-Koshkonong Lake District V. State Department Of Natural Resources And Wisconsin's Public Trust Doctrine, Anne-Louise Mittal
A Breach Of Trust: Rock-Koshkonong Lake District V. State Department Of Natural Resources And Wisconsin's Public Trust Doctrine, Anne-Louise Mittal
Marquette Law Review
Wisconsin has a particularly notable tradition of using the public trust doctrine aggressively to protect the state’s natural resources. The general thrust of the doctrine’s evolution in Wisconsin has been expansion beyond the doctrine’s traditional application to waters navigable for commercial purposes. Emblematic of such expansion is the Wisconsin Supreme Court’s decision in Just v. Marinette County, which scholars have characterized as a landmark extension of the public trust doctrine to non- navigable wetlands adjacent to navigable waters. In light of this tradition, it is unsurprising that the Wisconsin Supreme Court’s recent pronouncement that the Department of Natural Resources …