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Full-Text Articles in Law

Interdisciplinary Research And Environmental Law, Caroline L. Noblet, Dave Owen Jan 2014

Interdisciplinary Research And Environmental Law, Caroline L. Noblet, Dave Owen

Publications

This Article considers the involvement of environmental law researchers in interdisciplinary research. Using a survey and a series of unstructured interviews, we explore environmental law professors’ level of interest in such research; the extent of their engagement in it; and the inducements and barriers they perceive to such research. We conclude that levels of engagement in such research are probably lower than they ought to be, and we therefore recommend steps that individuals and institutions could take to facilitate more and better interdisciplinary work. More generally, we conclude that some common critiques of interdisciplinary legal research rest on assumptions that …


Land Conservation In The Northeastern United States: An Assessment Of Historic Trends And Current Conditions, Robert J. Lilieholm, Spencer R. Meyer, Michelle L. Johnson, Christopher S. Cronan Jul 2013

Land Conservation In The Northeastern United States: An Assessment Of Historic Trends And Current Conditions, Robert J. Lilieholm, Spencer R. Meyer, Michelle L. Johnson, Christopher S. Cronan

Publications

This article discusses the evolution of land conservation efforts and outcomes in the Northeast, examine major drivers of landscape change, and review key conservation tools that have been used to protect public values at the local and landscape levels. We then assess the current status of land conservation, and draw lessons for other regions facing conservation challenges across mixed ownership landscapes under varying development and land-use pressures. Finally, we explore new and emerging trends in the factors driving land development and conservation activities in an effort to assess the challenges that lie ahead.


Mapping, Modeling, And The Fragmentation Of Environmental Law., Dave Owen Jan 2013

Mapping, Modeling, And The Fragmentation Of Environmental Law., Dave Owen

Publications

In the past forty years, environmental researchers have achieved major advances in electronic mapping and spatially explicit, computer-based simulation modeling. Those advances have turned quantitative spatial analysis — that is, quantitative analysis of data coded to specific geographic locations — into one of the primary modes of environmental research. Researchers now routinely use spatial analysis to explore environmental trends, diagnose problems, discover causal relationships, predict possible futures, and test policy options. At a more fundamental level, these technologies and an associated field of theory are transforming how researchers conceptualize environmental systems. Advances in spatial analysis have had modest impacts upon …


Critical Habitat And The Challenge Of Regulating Small Harms., Dave Owen Jan 2012

Critical Habitat And The Challenge Of Regulating Small Harms., Dave Owen

Publications

This Article investigates how the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are implementing the Endangered Species Act’s prohibition on “adverse modification” of “critical habitat.” That prohibition appears to be one of environmental law’s most ambitious mandates, but its actual meaning and effect are contested. Using a database of over 4,000 “biological opinions,” interviews with agency staff, and a review of judicial decisions considering the adverse modification prohibition, this Article assesses the extent to which the Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are relying on the adverse modification …


Urbanization, Water Quality, And The Regulated Landscape, Dave Owen Apr 2011

Urbanization, Water Quality, And The Regulated Landscape, Dave Owen

Publications

Watershed scientists frequently describe urbanization as a primary cause of water quality degradation, and recent studies conclude that even in lightly-developed watersheds, urbanization often precludes attainment of water quality standards. This article considers legal responses to this pervasive problem. It explains why traditional legal measures have been ineffective, and it evaluates several recent innovations piloted in the northeastern United States and potentially applicable across the nation. Specifically, the innovations involve using impervious cover TMDLs, residual designation authority, and collective permitting. More generally, the innovations involve transferring regulatory focus from end-of-the-pipe to landscape-based controls. I conclude that the innovations, while raising …


Thresholds And The Mismatch Between Environmental Laws And Ecosystems, Malcolm L. Hunter Jr., Michael J. Bean, David Lindenmayer, David S. Wilcove Jul 2009

Thresholds And The Mismatch Between Environmental Laws And Ecosystems, Malcolm L. Hunter Jr., Michael J. Bean, David Lindenmayer, David S. Wilcove

Publications

No abstract provided.