Administrative Law Commons^™

Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

12 pages.

Recreation Management By The Blm: A Local Perspective, Ann Morgan

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

Field Level Conflict Management In Outdoor Recreation, Arden Anderson

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

16 pages.

Contains references.

The Dilemma Of County And Municipal Open Space Programs: The Case Of Jefferson County, Colorado, Ron Holliday

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

7 pages.

Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

17 pages.

Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil

Articles

The article examines the concept of "public interest" as a justification for government actions, arguing that while the term has historically been a cornerstone of administrative law, its meaning has become increasingly ambiguous and subjective over time. The author traces the evolution of the public interest standard, from its origins in the New Deal era to its current use, and questions whether it can still serve as an objective standard for evaluating government behavior. The analysis highlights the tension between the public interest as a justification for government action and its susceptibility to political and bureaucratic influence.

The Goals Of Environmental Enforcement And The Range Of Enforcement Methods In Israel And In The United States, Marcia R. Gelpe

Faculty Scholarship

The article examines enforcement of the environmental laws of Israel and of the United States. It concentrates on provisions for enforcement of the laws by government authorities--that is, either by administrative authorities or by the courts at the request of an administrative authority. Environmental laws in many jurisdictions may also be enforced by private actions. These private enforcement actions are not addressed specifically in this article, although much of what is said is also applicable to such actions.

Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge

LLM Theses

This thesis examines international and domestic law relating to pollution from offshore oil and gas operations in the Nova Scotia offshore area. The domestic regulatory regime is not integrated, but is contained in various acts. The three main acts deal respectively with ships, including mobile offshore drilling and production units (the 'Canada Shipping Act'); fisheries protection (the 'Fisheries Act'); and the industrial aspects of offshore oil and gas operations (the federal 'Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act'; there is a corresponding provincial act which is essentially identical). These acts are administered by separate regulatory agencies. This results in …

Epa's Hazardous Waste Identification Rule For Process Waste (Hwir-Waste) Gone Haywire, Again, Christopher J. Urban

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Who Needs Congress? An Agenda For Administrative Reform Of The Endangered Species Act, J.B. A. Ruhl

Vanderbilt Law School Faculty Publications

This article comprehensively examines the history and content of the numerous administrative reforms of the Endangered Species Act program carried out under the tenure of Department of the Interior Secretary Bruce Babbitt. The assessment is that these reforms provide a tremendous impetus for innovation of species conservation.

The U.S. Epa Administrator's Assessment Of Civil Penalties: A Review Of The Sources Of Authority And The Administrator's Regulations, Richard R. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.

Participation Run Amok: The Costs Of Mass Participation For Deliberative Agency Decisionmaking, Jim A. Rossi

Vanderbilt Law School Faculty Publications

This Article addresses the implications of broad-based participatory reforms for administrative process, with a particular focus on how participation reveals itself in different political-theoretic models of agency governance. The first section of the Article explores participation's value to agency governance. The second section of the Article presents three models of agency governance - expertocratic, pluralist, and civic republican - and discusses participation's importance to each model. The Article then posits a distinction between ordinary and constitutive agency decision-making, and explores how participation affects each for the three distinct models of agency governance. The implications of mass participation are explored in …

Greener And More Equitable: A Vision For Dams And Other Western Water Issues, Bruce C. Driver

Dams: Water and Power in the New West (Summer Conference, June 2-4)

10 pages.

Contains 1 page of references.

The Future Of Western Water Developments, John Keys

Dams: Water and Power in the New West (Summer Conference, June 2-4)

9 pages.

Divestment Of Federal Water Projects, A. Jack Garner

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages.

Contains references.

River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains references.

Of Dams And Salmon In The Columbia/Snake Basin: Did You Ever Have To Make Up Your Mind?, Don B. Miller

Dams: Water and Power in the New West (Summer Conference, June 2-4)

106 pages (includes illustrations and maps).

Contains 4 pages of references.

Klamath Basin: Balancing Instream Flows With Irrigation And Power, Carl Ullman

Dams: Water and Power in the New West (Summer Conference, June 2-4)

15 pages (includes illustrations and maps).

Initiatives And Conflicts In Changing Federal Facility Operation, Lawrence J. Macdonnell

Dams: Water and Power in the New West (Summer Conference, June 2-4)

18 pages.

Contains references.

Glen Canyon Dam: Flood Flows And Adaptive Management In The Lower Colorado River Basin: Response, Joe Hunter

Dams: Water and Power in the New West (Summer Conference, June 2-4)

9 pages.

Contains references.

Life Begins At 50: Ferc Relicensing Under The Federal Power Act, Thomas N. Russo

Dams: Water and Power in the New West (Summer Conference, June 2-4)

5 pages.

Environmental Benefits Of Reoperation, Relicensing, Decommissioning And Recapture, Richard Roos-Collins

Dams: Water and Power in the New West (Summer Conference, June 2-4)

35 pages.

Contains footnotes.

Integrating New Values With Old Uses In The Relicensing Of Kingsley Dam And Related Facilities (Making Part Of The Problem A Part Of The Solution), Margot Zallen

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages (includes illustrations and map).

Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center

Dams: Water and Power in the New West (Summer Conference, June 2-4)

Conference organizers and/or speakers included University of Colorado School of Law professors David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Elizabeth Ann (Betsy) Rieke, Charles F. Wilkinson and Lawrence J. MacDonnell.

The keynote address by Charles F. Wilkinson is titled Coming to Grips with Growth in the West: Traditional Communities, Free Rivers and the New Megalopoli, and it will be held on Monday, June 2, at 12:30 p.m. in the Lindsley Memorial Courtroom of the law school. Wilkinson is a noted law professor, writer and authority on Western issues.

The conference will begin by providing historical context for the …

Coming To Grips With Growth In The West: Traditional Communities, Free Rivers, And The New Megalopolises, Charles Wilkinson

Dams: Water and Power in the New West (Summer Conference, June 2-4)

25 pages.

Contains 2 pages of references.

Dams: Their Costs And Benefits, Daniel F. Luecke

Dams: Water and Power in the New West (Summer Conference, June 2-4)

13 pages (includes illustrations).

Contains 3 pages of references.

Damming The West: Development Of Western Water Resources, Gilbert F. White

Dams: Water and Power in the New West (Summer Conference, June 2-4)

8 pages.

Using Citizen Suits To Protect Biodiversity, William Snape

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Over the past several decades, environmental advocates have expended enormous effort attempting to pass laws that protect air, water, land and species.' But even the best written laws will not be effective unless they are implemented. At the federal level, most modern environmental statutes include enforcement mechanisms that allow for the active involvement of the public. The most common of these are provisions authorizing citizen suits and public comments on proposed agency actions. The rationale for this public involvement is simply that federal agencies sometimes do not enforce or obey the laws they are charged to uphold. For instance, …

Golden Rules For Transboundary Pollution, Thomas W. Merrill

Faculty Scholarship

Environmental law is becoming ever more centralized. In the United States, state and local pollution laws have been eclipsed by federal regulation. In the European Community, and to a lesser degree under the North American Free Trade Agreement (NAFTA), national controls have been supplemented by regional regulation. And the growing importance of treaties regulating particular aspects of the global environment has reinforced calls for more general regimes of international environmental regulation.

One inevitably given justification for this centralizing trend is that pollution is a transboundary phenomenon. Air and water pollution, and to a lesser extent groundwater contamination, can cross political …

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.