Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Natural Resources Law (109)
- Environmental Law (104)
- Water Law (48)
- Social and Behavioral Sciences (45)
- Environmental Sciences (44)
-
- Physical Sciences and Mathematics (44)
- Oil, Gas, and Mineral Law (42)
- Environmental Policy (41)
- Public Affairs, Public Policy and Public Administration (41)
- Natural Resources Management and Policy (40)
- Land Use Law (39)
- Indigenous, Indian, and Aboriginal Law (36)
- Natural Resources and Conservation (35)
- Energy and Utilities Law (33)
- Administrative Law (32)
- Property Law and Real Estate (32)
- Water Resource Management (31)
- International Law (29)
- Legislation (28)
- State and Local Government Law (28)
- Energy Policy (27)
- Oil, Gas, and Energy (27)
- Litigation (26)
- Constitutional Law (23)
- Life Sciences (20)
- Human Rights Law (18)
- President/Executive Department (15)
- Agriculture Law (14)
- Jurisdiction (14)
- Institution
-
- University of Colorado Law School (63)
- University of Maryland Francis King Carey School of Law (26)
- Columbia Law School (15)
- Maurer School of Law: Indiana University (14)
- Pace University (4)
-
- Vanderbilt University Law School (4)
- University of Richmond (3)
- Boston University School of Law (2)
- Duke Law (2)
- Georgetown University Law Center (2)
- Notre Dame Law School (2)
- SJ Quinney College of Law, University of Utah (2)
- The Peter A. Allard School of Law (2)
- University of Denver (2)
- University of Florida Levin College of Law (2)
- University of Kentucky (2)
- University of Miami Law School (2)
- University of Michigan Law School (2)
- Washington and Lee University School of Law (2)
- Wayne State University (2)
- Brigham Young University Law School (1)
- Emory University School of Law (1)
- George Washington University Law School (1)
- Golden Gate University School of Law (1)
- Louisiana State University Law Center (1)
- Mitchell Hamline School of Law (1)
- Southern Methodist University (1)
- St. Mary's University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Massachusetts Boston (1)
- Publication Year
- Publication
-
- Publications (20)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (16)
- Faculty Scholarship (15)
- Articles by Maurer Faculty (14)
- Columbia Center on Sustainable Investment Staff Publications (12)
-
- Congressional Testimony (11)
- Student Environmental Law Films/Golden Tree Films (8)
- Articles (5)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (5)
- Vanderbilt Law School Faculty Publications (4)
- Elisabeth Haub School of Law Faculty Publications (3)
- Journal Articles (3)
- Law Faculty Publications (3)
- Faculty Articles (2)
- Law Faculty Research Publications (2)
- Law Faculty Scholarly Articles (2)
- Legal History Publications (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- Sturm College of Law: Faculty Scholarship (2)
- Supreme Court Case Files (2)
- The Future of Natural Resources Policy (December 6) (2)
- UF Law Faculty Publications (2)
- Utah Law Faculty Scholarship (2)
- 2012 Energy Justice Conference and Technology Exposition (September 17-18) (1)
- All Faculty Publications (1)
- All Faculty Scholarship (1)
- Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14) (1)
- Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9) (1)
- Endangered Species Act Congressional Field Tour (August 17-19) (1)
- Environmental Law Program Publications @ Haub Law (1)
Articles 31 - 60 of 171
Full-Text Articles in Law
Introduction, S. James Anaya
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On Extractive Industries And Indigenous Peoples, S. James Anaya
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On Extractive Industries And Indigenous Peoples, S. James Anaya
Publications
No abstract provided.
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya
Publications
No abstract provided.
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya
Publications
No abstract provided.
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya
Publications
No abstract provided.
Why Good Governance Of Land And Tenure Security Need To Be Part Of The Sustainable Development Goal Framework, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network
Why Good Governance Of Land And Tenure Security Need To Be Part Of The Sustainable Development Goal Framework, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network
Columbia Center on Sustainable Investment Staff Publications
The CCSI and the UN Sustainable Development Solutions Network’s Thematic Group on Good Governance of Extractive and Land Resources published a short briefing note on including land governance in the Sustainable Development Goal framework. The note argues that incorporating good governance of land and tenure security would help meet a number of proposed sustainable development goals for the post-2015 development agenda, including reducing poverty, strengthening food security, empowering women, and alleviating commercial pressures on land. The note recommends the inclusion of an access-to-land indicator to help measure governments’ efforts.
Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon
Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Protecting the Environment Through Land Use Law: Standing Ground takes a close look at the historical struggle of local governments to balance land development with natural resource conservation. This book updates and expands on his four previous books, which established a comprehensive framework for understanding the many ways that local land use authority can be used to preserve natural resources and environmental functions at the community level. Standing Ground describes in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This body of work emphasizes …
The Durability Of Private Claims To Public Property, Bruce R. Huber
The Durability Of Private Claims To Public Property, Bruce R. Huber
Journal Articles
Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …
Converting Natural Resources Into Electricity, K.K. Duvivier
Converting Natural Resources Into Electricity, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This paper provides the groundwork for understanding the conversion of natural resources, such as wind, solar, biomass, and geothermal, into electric energy. It includes a summary of the current technologies and latest statistics on their distribution among states and on land and water. It also provides an introduction to some of the legal issues related to their deployment and interconnection with the electric grid.
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …
Why The Extractive Industry Should Support Mandatory Transparency: A Shared Value Approach, Julien Topal, Perrine Toledano
Why The Extractive Industry Should Support Mandatory Transparency: A Shared Value Approach, Julien Topal, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
The Transparency Amendment, included in the Dodd‐Frank Wall Street Reform and Consumer Protection Act, can be an important tool in curtailing the resource curse that so heavily burdens resource‐rich developing countries by shedding light on opaque payments between the extractive sector and host countries. From the get‐go, however, extractive industry companies have fiercely opposed the new mandatory disclosure requirements as set out in this regulation. The corporate opposition is for the largest part motivated by the fear of a competitive disadvantage that derives from the fact that the amendment is housed with the Securities and Exchange Commission (SEC) and thus …
Uncommon Approaches To Commons Problems: Nested Governance Commons And Climate Change, Blake Hudson, Jonathan Rosenbloom
Uncommon Approaches To Commons Problems: Nested Governance Commons And Climate Change, Blake Hudson, Jonathan Rosenbloom
Journal Articles
Natural capital resources crucial to combatting climate change are potentially subject to tragic overconsumption absent a requisite degree of vertical government regulation of resource appropriators and/or horizontal collective action among resource appropriators. In federal systems, these vertical and horizontal approaches may (or may not) take place in any one of four scales — local, state, national, and global — “nested” one within another. Prior research has described how natural capital in federal systems of government, though privatized and/or subject to government regulation, may nonetheless remain in a tragic plight due to the allocation of governance authority in federal systems — …
Ask The Experts: Mining, Lisa E. Sachs
Ask The Experts: Mining, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
How can governments best ensure mining produces broad-based economic development?
At the Vale Columbia Center on Sustainable International Investment at Columbia University, we have identified five “pillars” that are necessary for resource-based sustainable development. Each pillar requires the collaboration of governments, companies, donors and communities.At the Vale Columbia Center on Sustainable International Investment at Columbia University, we have identified five “pillars” that are necessary for resource-based sustainable development. Each pillar requires the collaboration of governments, companies, donors and communities.
Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin
Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin
Faculty Scholarship
No abstract provided.
Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center
The Future of Natural Resources Policy (December 6)
This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.
Moderator: Dean Phil Weiser, University of Colorado Law School
Panelists:
Jay Jensen, Associate Director for Land & Water Ecosystems, White House Council on Environmental Quality
Scott Miller, Visiting Assistant Professor, University of Colorado Law …
Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar
Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar
The Future of Natural Resources Policy (December 6)
18 pages (DO-5 through DO-22).
"Background Reading"
The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.
Slides: Impacts Of Energy Deficits In Cooking, Illumination, Water, Sanitation, And Motive Power, Paul S. Chinowsky
Slides: Impacts Of Energy Deficits In Cooking, Illumination, Water, Sanitation, And Motive Power, Paul S. Chinowsky
2012 Energy Justice Conference and Technology Exposition (September 17-18)
Presenter: Dr. Paul Chinowsky, Director, Mortenson Center in Engineering for Developing Communities; Professor, University of Colorado
25 slides
Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance
Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance
Columbia Center on Sustainable Investment Staff Publications
The Columbia Center on Sustainable Investment (CCSI) and the Humboldt-Viadrina School of Governance (HSVG) have initiated a process to discuss the desirability and feasibility of mechanisms to provide negotiation support for developing host countries in their negotiations with major investors.
At a first workshop held in October 2011, participants agreed on the need for an expansion of support for developing countries in their contract negotiations.
A second workshop was held at Columbia University in July 2012 that undertook a gap analysis between the existing sources of support for developing countries in relation to complex contracts and the countries’ needs for …
Reforming Wto Discipline On Export Duties: Sovereignty Over Natural Resources, Economic Development And Environmental Protection, Julia Ya Qin
Law Faculty Research Publications
The current World Trade Organization (WTO) regime on export restraints comprises two extremes: at one end is the near-complete freedom to levy export duties enjoyed by most Members, which renders theWTO discipline on export restrictions largely ineffective; at the other end, the rigid obligations imposed on several acceding Members prohibiting the use of export duties for any purpose.The recent WTO ruling in China-Raw Materials has only solidified the latter extreme. This article seeks to expose the irrationality of the current regime, especially the problems created by the rigid obligations of the several acceding Members. It contends that such obligations deprive …
The Right Of Nonuse, Jan G. Laitos
The Right Of Nonuse, Jan G. Laitos
Sturm College of Law: Faculty Scholarship
The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It reexamines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue …
Transnational Business Governance And The Management Of Natural Resources, Virginia Haufler
Transnational Business Governance And The Management Of Natural Resources, Virginia Haufler
Transnational Business Governance Interactions Working Papers
In the last two decades, the international community has intervened directly to reduce the conflict and corruption that accompany natural resource development in weakly governed states. These efforts converge on the norm of information disclosure by a number of different transnational business governance initiatives. This article examines how the successive failures of public and private efforts led to patterns of convergence and divergence in the transnational governance of the extractive sector. The timing of the effort, combined with variation in industry structure, differences in the targets of information disclosure, and learning over time influence the outcome in each case. This …
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
Faculty Scholarship
There is a firestorm of political and cultural conflict around environmental issues,including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension,approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and …
The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann
The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann
Articles
When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated the environmental …
Testimony Of Rena Steinzor…Before The U.S. House Of Representatives, Energy And Commerce Committee, Subcommittee On Environment And Economics. 112th Congress, 1st Session (2011)., Rena I. Steinzor
Congressional Testimony
Environmental regulations have saved millions of lives, preventing chronic respiratory illness and heart attacks in cities across the country. These rules protect children from irreversible neurological damage, save billions of dollars in cleanup costs, and preserve water quality in lakes, rivers, and streams. If anything, our regulatory system is dangerously weak, and Congress should focus on reviving it rather than eroding public protections….
Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas
Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas
Faculty Scholarship
This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.
This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
Migration Conservation: A View From Above, Robert L. Fischman
Migration Conservation: A View From Above, Robert L. Fischman
Articles by Maurer Faculty
The extinction prevention focus of natural resources policy diverts attention from important issues of ecological integrity and adaptation to climate change. Animal migration conservation serves as a bridge from the imperiled species problem to the more spatially and temporally difficult problems surrounding climate change adaptation. Conserving abundant animal migrations both strengthens the resilience of the ecosystems in which they function and tests the resilience of social institutions responsible for adaptation. This essay synthesizes the findings of a two-year, interdisciplinary study of animal migration conservation. It also introduces the articles that follow in a symposium issue of the journal, Environmental Law.
United States Of America, Michael B. Gerrard, Gregory E. Wannier
United States Of America, Michael B. Gerrard, Gregory E. Wannier
Faculty Scholarship
The prospect of carbon liability in the United States is a relatively recent phenomenon. It is only in the last decade that US environmental lawyers and policy-makers have begun to turn their attention to climate change, as climate-related litigation has surged, government action on several fronts has begun, and climate change has generally been recognised as a factor to consider in decision-making across the economy. This chapter lays out existing options to establish liability for greenhouse gas (‘GHG’) emissions along legislative, regulatory and judicial channels.
Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer
Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
74 pages.
This paper was originally published as:
Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).
Grassland Governance And Common-Interest Communities, Anthony Schutz
Grassland Governance And Common-Interest Communities, Anthony Schutz
Nebraska College of Law: Faculty Publications
In the United States, today’s ranches are engaging in small-scale nature-based endeavors to diversify their income base. But the geographic boundary of the land they own creates a relatively small area within which to operate, and fragmented ownership diminishes the ability of any single landowner to produce nature-based income. Collective action among nearby landowners can produce a set of resources from which all members of the group can profit. Such action can enhance the economic, social, and environmental sustainability of grasslands and the populations that use them. This article shows that common-interest communities can be used to provide and allocate …