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Full-Text Articles in Law
Legal Adaptive Capacity: How Program Goals And Processes Shape Federal Land Adaptation To Climate Change, Robert L. Glicksman, Alejandro E. Camacho
Legal Adaptive Capacity: How Program Goals And Processes Shape Federal Land Adaptation To Climate Change, Robert L. Glicksman, Alejandro E. Camacho
GW Law Faculty Publications & Other Works
The degree to which statutory goals are pliable is likely to affect significantly the ability of an agency with regulatory or management responsibilities to achieve those objectives in the face of novel challenges or changing circumstances. This Article explores this dynamic by comparing the degree of “give” provided by the goals of the regimes governing management of the five types of federal public lands in responding to the challenges posed by climate change. It asserts that the extent of climate change adaptation in which an agency engages is influenced by a program’s legal adaptive capacity — the mutability of the …
Solar Energy Development On The Federal Public Lands: Environmental Trade-Offs On The Road To A Lower-Carbon Future, Robert L. Glicksman
Solar Energy Development On The Federal Public Lands: Environmental Trade-Offs On The Road To A Lower-Carbon Future, Robert L. Glicksman
GW Law Faculty Publications & Other Works
The federal government has endorsed more extensive use of the federal public lands for the production of solar power, both to reduce the greenhouse gas emissions that contribute to climate change and to bolster the security of domestic energy supplies. Spurred by grant money made available under the American Recovery and Reinvestment Act of 2009, the Bureau of Land Management (BLM) in 2010 approved nine utility-scale solar projects on public lands in California and Nevada. These projects were designed to avoid adversely affecting the habitats of endangered and threatened species that frequent the desert southwest and cultural resources important to …
Sustainable Federal Land Management: Protecting Ecological Integrity And Preserving Environmental Principal, Robert L. Glicksman
Sustainable Federal Land Management: Protecting Ecological Integrity And Preserving Environmental Principal, Robert L. Glicksman
GW Law Faculty Publications & Other Works
This article explores the application of the principles of sustainability to management of lands and resources under the jurisdiction of the U.S. Forest Service and the Bureau of Land Management. These two agencies operate a mandate to manage the resources under their control to achieve sustained yield. In this context, sustainability has operated to date primarily in an aspirational fashion, as a broad objective of public land management, rather than as a useful management tool or an enforceable constraint on agency management discretion. The article urges the adoption of amendments to the laws under which the Forest Service and the …