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- UF Law Faculty Publications (3)
- Vanderbilt Law School Faculty Publications (3)
- Law Faculty Scholarly Articles (2)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- FLPMA Turns 40 (October 21) (1)
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- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (1)
- Other Publications (1)
- Publications (1)
- Scholarly Works (1)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (1)
Articles 1 - 18 of 18
Full-Text Articles in Law
Slides: Flpma In Its Historical Context, John D. Leshy
Slides: Flpma In Its Historical Context, John D. Leshy
FLPMA Turns 40 (October 21)
Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law
36 slides
This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.
See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm
Grazing In Wilderness Areas, Mark Squillace
Grazing In Wilderness Areas, Mark Squillace
Publications
Domestic livestock grazing is naturally in tension with wilderness. Wilderness areas are not truly "untrammeled by man" when they host managed livestock grazing. Yet the compromise that allowed livestock grazing in wilderness areas was surely one of the greatest in the history of the conservation movement. Without it, Congress might never have passed a wilderness bill or designated countless wilderness areas throughout the country. The grazing exception--and the Congressional Grazing Guidelines that afford specific protections for grazers--made it possible to secure bipartisan support for wilderness bills in even the most conservative western states.
Notwithstanding this success, the ecology of some …
Cities, Green Construction, And The Endangered Species Act, J.B. Ruhl
Cities, Green Construction, And The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
The geographic footprint of cities--the space they occupy--is relatively small in comparison to their ecological footprint, which is measured in terms of impact on the sustainability of resources situated mostly outside of the urban realm. Ironically, the Endangered Species Act (ESA), though widely regarded as one of the most powerful environmental laws, has been and continues to be administered with respect to urbanized land masses primarily with the objective of managing their geographic footprints. This Article uses the example of "green construction" techniques to explore this disconnect between the macro-scale contribution of cities' ecological footprints to species endangerment and the …
Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold
Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold
Other Publications
Over the past 25 years, there has been a dramatic increase in the acquisition of conservation easements by nonprofit organizations. Privately held conservation easements, i.e., those held by nonprofits rather than governmental entities, have thus emerged as an important and growing tool for the preservation of natural and scenic features of the United States landscape.
Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough
Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Bob Gough, NativeEnergy, Inc.
72 slides
Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo
Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo
UF Law Faculty Publications
To illustrate how legal scholars, lawmakers, environmental agencies, and practicing lawyers have attempted to incorporate new scientific developments into environmental law, particularly in the administrative context, this Article traces the journeys of three distinct scientific developments -- risk assessment, adaptive management, and emergy synthesis -- from scientific academia to environmental administrative law. The Article concludes by making observations about what types of scientific developments are most likely to be incorporated into the law and suggesting ways for improving the likelihood that new beneficial developments will be adopted to inform the law.
Agriculture And Ecosystem Services: Strategies For State And Local Governments, J.B. Ruhl
Agriculture And Ecosystem Services: Strategies For State And Local Governments, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at requiring payment to do the right thing. This article focuses on hints of movement in a new direction for agriculture, arising out of a merger between the age-old practice of paying farmers to do what is right, the fear of losing agricultural lands to suburban development, the rising fiscal burdens to state and local jurisdictions presented by new suburban development, and the new understanding that farms may hold …
Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown
Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown
UF Law Faculty Publications
Emergy synthesis, flrst developed by Dr. Howard T. Odum in the 1970s, and further expanded and refined by other scholars over the past thirty years, has the potential to transform environmental decisionmaking by providing a methodology that can integrate ecology, economics, and law. Virtually all areas of environmental law are concerned in some way with both the ecological and the economic impacts of environmental decision making. Unfortunately, existing environmental law statutes tend to incorporate ecological and economic considerations in a simplistic, piecemeal, and awkward fashion. Emergy synthesis incorporates both ecological and economic considerations through a sophisticated scientiic methodology.
Emergy synthesis …
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
8 pages.
Includes bibliographical references
"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
4 pages.
"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"
Either/Or? Will Climate Change Force A Choice Between Salmon And Electricity In The Northwest?, John M. Volkman
Either/Or? Will Climate Change Force A Choice Between Salmon And Electricity In The Northwest?, John M. Volkman
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
12 pages and 16 slides
Includes bibliographical references
"John M. Volkman, Partner, Stoel Rives LLP, Portland, Oregon"
Farmland Stewardship: Can Ecosystems Stand Any More Of It?, J.B. Ruhl
Farmland Stewardship: Can Ecosystems Stand Any More Of It?, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.
Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy
Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy
UF Law Faculty Publications
Ecology has advanced human understanding of natural systems considerably over the course of this century. Wetlands law and policy have evolved in response to our increased understanding of wetlands and the many benefits we derive from them. Notwithstanding this shift in policy and law, roughly 50% of the wetlands that existed in the continental United States in colonial times have been lost or degraded largely as a result of recent human activity. Current policies struggle to reconcile the goal of preventing further loss with the pervasive concern for making our laws more efficient.
This essay explores the lessons ecology offers …
The Use Of The Public Trust Doctrine As A Management Tool Over Public And Private Lands, Patricia E. Salkin
The Use Of The Public Trust Doctrine As A Management Tool Over Public And Private Lands, Patricia E. Salkin
Scholarly Works
No abstract provided.
Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett
Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
17 pages.
Contains references.
Water Rights, The Public Trust Doctrine, And The Protection Of Instream Uses, Richard C. Ausness
Water Rights, The Public Trust Doctrine, And The Protection Of Instream Uses, Richard C. Ausness
Law Faculty Scholarly Articles
Our society uses water for a variety of productive purposes, including domestic, agricultural, mining, manufacturing, and energy development. Most of these uses require physical removal of water from watercourses or ground water aquifers. Water can also serve useful purposes, however, when it remains a lake or stream. Flowing water helps to maintain water quality and furthers other uses such as recreation, aesthetic values, and ecological interests—referred to as “instream uses.”
Large quantities of water must remain in place to safeguard instream uses. At the same time, the increasing demands of consumptive water users are significantly reducing streamflows and lake levels …
Agenda: New Sources Of Water For Energy Development And Growth: Interbasin Transfers: A Short Course, University Of Colorado Boulder. Natural Resources Law Center
Agenda: New Sources Of Water For Energy Development And Growth: Interbasin Transfers: A Short Course, University Of Colorado Boulder. Natural Resources Law Center
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:
- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"
- June 1981: "Water Resources Allocation: Laws and Emerging Issues"
- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"
- June 1983: "Groundwater: Allocation; Development and Pollution"
(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)
Faculty for this conference included University of …
The Use And Legal Significance Of The Mean High Water Line In Coastal Boundary Mapping, Richard C. Ausness, Frank E. Maloney
The Use And Legal Significance Of The Mean High Water Line In Coastal Boundary Mapping, Richard C. Ausness, Frank E. Maloney
Law Faculty Scholarly Articles
The effect of unplanned and ill-conceived land use development on the coastal ecology has been well documented in recent years. Recognizing the need for more effective governmental control in this area, a number of state legislatures have enacted statutes to protect the coastal environment and encourage the orderly development of coastal resources. These efforts have received the support of the federal government as well.
Determination of coastal boundaries is essential to the development of an effective coastal zone management program. In general such boundaries represent the intersection of the shore with a particular tidal elevation. However, the demarcation of coastal …