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Articles 1 - 20 of 20
Full-Text Articles in Law
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Michigan Journal of Environmental & Administrative Law
The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …
Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs
Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs
Columbia Center on Sustainable Investment Staff Publications
Land rights, both for individuals and for communities, are critical for achieving sustainable development. Security of land tenure and other rights to the land (sometimes held communally rather than individually) can accelerate poverty reduction, strengthen food security, and empower women. Land rights can reduce resource conflicts, as well as encourage the responsible use of natural resources. As the UN member countries begin to implement the new Sustainable Development Goals (SDGs), they should keep land rights in their focus, and measure and protect land rights in order to achieve the SDGs.
Environmental Law And The Collapse Of New Deal Constitutionalism, Arthur F. Mcevoy
Environmental Law And The Collapse Of New Deal Constitutionalism, Arthur F. Mcevoy
Akron Law Review
This Article, which is a précis for a book in progress about the history of late twentieth-century U.S. environmental law, argues that our modern environmental law is peculiarly a creature of the New Deal. Despite its obvious legacy from common-law nuisance and Progressive regulation, what makes modern environmental law different from anything that came before is the way in which reformers built it out of parts copied from New Deal reform projects: cooperative federalism, the tax-and-spend power, representation-reinforcing, rights trumps, and so on. Environmental law’s history, its character, its accomplishments, and its shortcomings thus entwined with those of the New …
Symposium: The Next Generation Of Environmental And Natural Resources Law: What Has Changed In Forty Years And What Needs To Change As A Result, Kalyani Robbins
Symposium: The Next Generation Of Environmental And Natural Resources Law: What Has Changed In Forty Years And What Needs To Change As A Result, Kalyani Robbins
Akron Law Review
Introduction to nine perspectives changing in the field of Environmental and Natural Resources Law. These discussions, and our shared concern for the issues that will impact the planet for centuries to come, are so valuable.
Slides: The Columbia River Treaty, Barbara Cosens
Slides: The Columbia River Treaty, Barbara Cosens
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Barbara Cosens, Professor, University of Idaho College of Law and Waters of the West Graduate Program
22 slides
Natural Resource Contracts As A Tool For Managing The Mining Sector, David Kienzler, Perrine Toledano, Sophie Thomashausen, Sam Szoke-Burke
Natural Resource Contracts As A Tool For Managing The Mining Sector, David Kienzler, Perrine Toledano, Sophie Thomashausen, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
In this report commissioned by the Bundesanstalt für Geowissenschaften und Rohstoffe (BGR) on behalf of the Federal Ministry for Economic Cooperation and Development (BMZ), CCSI examined the different types of legal regimes governing mining projects in 18 countries to gain a better understanding of mining deals granted and negotiated under different minerals regimes. CCSI compared the provisions of 30 mining contracts from 13 countries, analyzed a selection of mining-related legislative texts from 18 countries, and surveyed the experiences of mining contract negotiations through dozens of interviews with experts, government officials, company representatives, and members of civil society organizations.
The report …
Advancing Climate Justice In International Law: Evaluating The United Nations Human Rights Based Approach, Dr. Damilola S. Olawuyi
Advancing Climate Justice In International Law: Evaluating The United Nations Human Rights Based Approach, Dr. Damilola S. Olawuyi
Environmental and Animal Law
The Florida Agricultural & Mechanical University College of Law's Center for International Law & Justice and the Environment, Development & Justice Program presented the First Annual Climate and Energy Justice Lecture featuring Dr. Damilola S. Olawuyi. Dr. Olawuyi teaches and conducts research in the area of public international law, specializing in natural resources, energy and environment, oil and gas law and international human rights law.
Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap
Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)
10 slides
Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering
Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering
Michael Blumm
For most of its four-decade history, section 404(c) of the Clean Water Act could have been considered to be a sleeper provision of environmental law. The proviso authorizes the U.S. Environmental Protection Agency (EPA) overrule permits for discharges of dredged or fill material issued by the U.S. Army Corps of Engineers (Corps) where necessary to ensure protection of fish and wildlife habitat, municipal water supplies, and recreational areas against unacceptable adverse effects. This authority of one federal agency to veto the decisions of another federal agency is quite unusual, perhaps unprecedented in environmental law. The exceptional nature of section 404(c) …
The Long-Term Tort: In Search Of A New Causation Framework For Natural Resource Damages, Sanne H. Knudsen
The Long-Term Tort: In Search Of A New Causation Framework For Natural Resource Damages, Sanne H. Knudsen
Northwestern University Law Review
No abstract provided.
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya
Publications
No abstract provided.
Keeping Track Of Conservation, Jessica Owley
Keeping Track Of Conservation, Jessica Owley
Articles
Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected. …
Breaking The Curse: A Multilayered Regulatory Approach, Hunter Dekoninck
Breaking The Curse: A Multilayered Regulatory Approach, Hunter Dekoninck
Indiana Journal of Global Legal Studies
Eastern Africa has been plagued for generations with what Richard Auty considers 'The Resource Curse." This curse, translated into modern economic tragedies, is the exploitive extraction and use of precious minerals from Eastern Africa, specifically the Democratic Republic of the Congo (DRC). As a result of attempts to combat the international market that perpetuates this curse, Section 1502 of the Dodd-Frank Wall Street Reform Act, largely in response to human rights activism, passed into law a provision requiring companies to account to the Securities and Exchange Commission (SEC) for their use of certain listed foreign minerals. Although such regulation is …
The Keystone Xl Pipeline And The Dormant Commerce Clause: Would Action By Congress Preclude Adequate Environmental Regulation At The State Level?, S. Shane Stroud
The Keystone Xl Pipeline And The Dormant Commerce Clause: Would Action By Congress Preclude Adequate Environmental Regulation At The State Level?, S. Shane Stroud
Utah Law Review
The Commerce Clause significantly limits the ability of States and localities to regulate or otherwise burden the flow of interstate commerce, but it does not elevate free trade above all other values. As long as a State does not needlessly obstruct interstate trade or attempt to place itself in a position of economic isolation, it retains broad regulatory authority to protect the health and safety of its citizens and the integrity of its natural resources.
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.
Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun
Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun
Daniel A Farber