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- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (15)
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Articles 1 - 30 of 50
Full-Text Articles in Law
Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel
Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel
Michigan Law Review
Landowners who sustain economic harm from arbitrary and capricious applications of land use regulations may sue the local government entities responsible for applying those regulations under 42 U.S.C. § 1983, alleging that the local government entities deprived them of substantive due process in violation of the Fourteenth Amendment. A landowner who brings this claim - an "as-applied arbitrary and capricious substantive due process" claim - may in appropriate cases seek declaratory and injunctive relief, damages, and attorney's fees. Despite controversy among courts and commentators over both the definition of property interests protected by the Due Process Clause and the standard …
Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum
Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum
Publications
Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.
The Ethical Implications, Political Ramifications And Practical Limitations Of Adopting Sustainable Development As National And International Policy, Gary D. Meyers, Simone C. Muller
The Ethical Implications, Political Ramifications And Practical Limitations Of Adopting Sustainable Development As National And International Policy, Gary D. Meyers, Simone C. Muller
Buffalo Environmental Law Journal
This paper is a revised version of a presentation given by Dr. Meyers at the International Conference on a Sustainable Society, Kobe, Japan (March 19-21, 1994).
Livestock Production: The Unsustainable Environmental And Economic Effects Of An Industry Out Of Control, Robert H. Smith
Livestock Production: The Unsustainable Environmental And Economic Effects Of An Industry Out Of Control, Robert H. Smith
Buffalo Environmental Law Journal
No abstract provided.
Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette
Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette
Natural Resources Journal
No abstract provided.
Essential Elements Of Amendments To The Endangered Species Act, John Harja
Essential Elements Of Amendments To The Endangered Species Act, John Harja
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
14 pages.
A Tribal Perspective On Esa Reform, Ted Strong
A Tribal Perspective On Esa Reform, Ted Strong
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
4 pages.
How The Regulated Community Views Regulation To Protect Living Resources: The Endangered Species Act, Biological Diversity, And Ecosystem Management, Steven P. Quarles
How The Regulated Community Views Regulation To Protect Living Resources: The Endangered Species Act, Biological Diversity, And Ecosystem Management, Steven P. Quarles
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
21 pages.
Contains footnotes.
Reform Of The Endangered Species Act: Overview Of Administrative Reforms [Congressional Hearing Material Submitted By Bruce E. Babbitt, Secretary, Department Of Interior], Dinah Bear
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
31 pages.
Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin
Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
11 pages.
The Endangered Species: The Urban Water Utility Perspective, Chips Barry
The Endangered Species: The Urban Water Utility Perspective, Chips Barry
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
24 pages.
Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft
Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
9 pages.
The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.
The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
28 pages.
Contains 2 pages of references.
The Endangered Species Act: Tramping On Tribal Rights?, Robert S. Pelcyger
The Endangered Species Act: Tramping On Tribal Rights?, Robert S. Pelcyger
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
32 pages.
Contains footnotes.
The Endangered Species Act: Crystallizing Ecosystem Management, George T. Frampton Jr.
The Endangered Species Act: Crystallizing Ecosystem Management, George T. Frampton Jr.
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
15 pages.
Waiting To Exhale Under The Esa: The Evolution Of Hcps And Section 4(D) Rules, Donald J. Barry
Waiting To Exhale Under The Esa: The Evolution Of Hcps And Section 4(D) Rules, Donald J. Barry
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
16 pages.
Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh
Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
24 pages.
Contains 3 pages of references.
Lessons From Reintroduction: The Bear And The Wolf, Michael Roy
Lessons From Reintroduction: The Bear And The Wolf, Michael Roy
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
15 pages.
Contains 1 page of references.
The Sonoran Desert Tortoise And The Mexican Spotted Owl: The High Road And The Slow Road To Conservation, Duane L. Shroufe
The Sonoran Desert Tortoise And The Mexican Spotted Owl: The High Road And The Slow Road To Conservation, Duane L. Shroufe
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
13 pages.
Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.
All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …
Rivers As Legal Structures: The Examples Of The Jordan And The Nile, Joseph W. Dellapenna
Rivers As Legal Structures: The Examples Of The Jordan And The Nile, Joseph W. Dellapenna
Natural Resources Journal
No abstract provided.
Euclid At Threescore Years And Ten: The Twilight Of Environmental And Land-Use Regulation?, Loren A. Smith, Charles M. Haar, James E. Krier, William A. Mcdonough
Euclid At Threescore Years And Ten: The Twilight Of Environmental And Land-Use Regulation?, Loren A. Smith, Charles M. Haar, James E. Krier, William A. Mcdonough
University of Richmond Law Review Symposium
"Life, Liberty, and Whose Property" lecture given by Loren A. Smith, Chief Judge, United States Court of Federal Claims.
"Is this the Twilight of Land Use Controls?" lecture given by Charles M. Haar, Professor of Law at Harvard University Law.
"Capture and Counteraction: Self-Help and Environmental Zealots" lecture given by James E. Krier, Earl Warren Delano Professor of Law, University of Michigan.
"Ecology and Aesthetics: Our Future and the Making of Things" lecture given by William A. McDonough, Dean and Elson Professor, University of Virginia School of Architecture.
A Trust For Whom?: Managing Colorado's 3 Million Acres Of State Land, John M. Evans, Reeves Brown, Mark A. E. Burget, University Of Colorado Boulder. Natural Resources Law Center
A Trust For Whom?: Managing Colorado's 3 Million Acres Of State Land, John M. Evans, Reeves Brown, Mark A. E. Burget, University Of Colorado Boulder. Natural Resources Law Center
A Trust for Whom?: Managing Colorado's 3 Million Acres of State Land: A Critique of the Constitutional Amendment (February 5)
14 pages.
Includes biographical information for John M. Evans, Reeves Brown, and Mark A. E. Burget.
State Land Board Commissioner Maxine Stewart was also a speaker for this program, but did not submit any written materials.
Contents:
A trust for whom? managing Colorado's 3 million acres of state land : a critique of the constitutional amendment / prepared by John Evans -- A cattlemen's [sic] perspective of state land management / presented by Reeves Brown -- Remarks outline / Mark A. E. Burget
Program was presented on Monday, February 5, 1996 at the offices of Holland & Hart in Denver, …
What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen
What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen
Vanderbilt Journal of Transnational Law
In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …
Takings From Freund To Fischel." Review Of Regulatory Taking: Law, Economics, And Politics, By W. A. Fischel, James E. Krier
Takings From Freund To Fischel." Review Of Regulatory Taking: Law, Economics, And Politics, By W. A. Fischel, James E. Krier
Reviews
The regulatory takings problem is easy to describe but difficult to resolve. The government enacts restrictions on land use that reduce the market value of the targeted parcels by a considerable amount. The restrictions are couched in terms of the police power, but actually they might amount to a taking that requires compensation, not because any of the land has been wrested away (it hasn't), but because much of the value has. Through the police power the government gets to govern for free, whereas with takings it's pay as you go. On what does the distinction-police power or taking-depend?
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Uproar At Dancing Rabbit Creek: Battling Over Race, Class & The Environment, Colin Crawford
Uproar At Dancing Rabbit Creek: Battling Over Race, Class & The Environment, Colin Crawford
Publications
For the first five years of the 1990's, Noxubee County, Mississippi experienced a deeply divisive battle over the proposed siting there of one of the nation's biggest toxic waste dump and incineration facilities. Noxubee County, which is nearly 70% African-American, is also desperately poor. The fight over the proposed waste facility was in part a question of jobs versus environmental protection yet, as the selection below suggests, the waste fight was also influenced by long-standing animosities and social divisions-factors that, in my view, have been insufficiently appreciated by environmental justice activists and environmental lawyers alike.
Substantive Due Process In The Twilight Zone: Protecting Property Interests From Arbitrary Land Use Decisions, Stewart M. Wiener
Substantive Due Process In The Twilight Zone: Protecting Property Interests From Arbitrary Land Use Decisions, Stewart M. Wiener
Stewart M. Wiener
Substantive due process protection of the property rights of landowners against arbitrary government decisionmaking is integral to the Due Process Clause of the Fourteenth Amendment. Federal courts have taken divergent paths in addressing the nature of the property interest required to state a substantive due process claim, and the standard by which arbitrary and capricious government conduct is evaluated. Under substantive due process, an allegation of arbitrary government conduct should be evaluated under a meaningful standard, rather than the unthinking deference of the rational basis test. Strong protection of property interests protects the civil rights of individuals, rather than protecting …
Reconstructing The Marketplace: The International Timber Trade And Forest Protection, Paul Stanton Kibel
Reconstructing The Marketplace: The International Timber Trade And Forest Protection, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.