Environmental Law Commons^™

Reconciling Polar Bear Protection Under United States Laws And The International Agreement For The Conservation Of Polar Bears, Donald C. Baur

Animal Law Review

Mr. Baur outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. Mr. Baur points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions.

Screening Water Diversions For Fish Protection: A Survey Of Policy, Practices, And Compliance In The Pacific Northwest, James D. Crammond

Animal Law Review

Unscreened surface water diversions damage and kill young fish. The decline of anadromous fish stocks in the Columbia Basin puts a premium on protection of juvenile salmon. State laws require screens on surface water diversions, but compliance has been poor. The Endangered Species Act and the Northwest Power Act have motivated and funded a massive remedial screening effort since 1991. Effective screens, installed with ratepayer and taxpayer funds, have dramatically improved fish protection at diversions. However, many harmful diversions remain. This paper concludes that, although progress has been swift, full compliance in 1996 is problematic. Greater incentives and enforcement are …

Between The Flood And The Rainbow: Our Covenant To Protect The Whole Of Creation, Bruce Babbitt

Animal Law Review

As Congress weighs the interests of landowners against the environment, the future of the Endangered Species Act may be in peril. Secretary Babbitt discusses the success of our environmental laws and urges recognition of the moral, ethical, and religious values underlying the Endangered Species Act. These values manifest themselves in a wolf's green eyes, a sacred blue mountain, the words from Genesis, and the answers of children. These considerations should lead us to the conclusion that we are responsible for the whole of creation.

A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center

A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29)

20 pages.

Includes bibliographical references and biographical information for Federico Cheever and Murray D. Feldman.

Contents:

Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon / Federico Cheever -- The Sweet Home decision and private property issues / Murray D. Feldman -- Memorandum of Agreement between the State of Colorado and the Department of the Interior concerning programs to manage Colorado's declining native species

The U.S. Supreme Court decision in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon,115 S.Ct. 2407 (1995), held that the Department of the Interior reasonably construed Congress' intent when it included …

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …

Whooping Cranes And Piping Plovers: Watershed Problem Solving On The Platte, Elizabeth Rieke, Gordon W. (Jeff) Fassett, University Of Colorado Boulder. Natural Resources Law Center

Whooping Cranes and Piping Plovers: Watershed Problem Solving on the Platte (April 27)

21 pages.

Includes illustrations, maps, and biographical information for Gordon W. Fassett and James S. Lochhead.

Habitat for species listed as endangered under federal law along the Platte River in Nebraska has been adversely affected by decreased river flows, resulting in federal legal barriers to further water development throughout the basin in three states. In June 1994 state and federal officials entered an agreement to develop a basin-wide recovery plan. Elizabeth Rieke, Assistant Secretary for Water & Science, Dept. of Interior, will discuss federal perspectives. Gordon (Jeff) Fassett, Wyoming State Engineer, and J. Michael (Mike) Jess, Nebraska …

Superfund's Second Master: The Uneasy Fit Of Private Cost Recovery Within Cercla, Alfred R. Light

St. Thomas Law Review

No abstract provided.

Recovery For Economic Loss Following The Exxon Valdez Oil Spill, Victor P. Goldberg

Faculty Scholarship

The physical cleanup following one of the worst oil spills in history, that of the Exxon Valdez, is done. The legal cleanup, however, has barely begun. Over 100 law firms participating in over 200 suits in federal and state courts involving more than 30,000 claims are presently engaged in litigation. Fishermen, cannery workers, fishing lodges, tour boat operators, oil companies whose shipments were delayed, and even California motorists facing higher gasoline prices have filed claims against Exxon and its fellow defendants.

Most claimants face a formidable roadblock, the so-called Robins doctrine. Under Robins Dry Dock & Repair Co. v. Flint …

Environmental Litigation And Rule 11, Carl Tobias

William & Mary Law Review

No abstract provided.

Agenda: The Law Of International Water Courses: The United Nations International Law Commission's Draft Rules On The Non-Navigational Uses Of International Watercourses, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Natural Resources Law Center, American Bar Association. Section Of International Law And Practice. International Environmental Law Committee, American Society Of International Law. Panel On State Responsibility, United Nations. International Law Commission

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

Colloquium organizers, committee members and/or moderators included University of Colorado School of Law professors Daniel Magraw, James N. Corbridge, Jr. and Lawrence J. MacDonnell (Director, Natural Resources Law Center).

The United Nations International Law Commission has drafted new rules on the non-navigational uses of international watercourses. University of Colorado Law Professor Daniel Magraw has organized a colloquium to review these draft rules on October 18, 1991, sponsored jointly by the Panel on State Responsibility of the American Society of International Law, the University of Colorado School of Law, and the International Environmental Law Committee of the ABA's Section of International …

Introduction And Overview On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses, Stephen Mccaffrey

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

15 pages.

Contains footnotes.

The International Law Commission’S Draft Articles On The Law Of International Watercourses: Principles And Planned Measures, Charles B. Bourne

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains 6 pages of footnotes.

Protection And Preservation In International Watercourses, C. O. Okidi

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

56 pages.

Contains 11 pages of footnotes.

“General Principles” And “Planned Measures” Provisions In The International Law Commission Draft Articles On The Non-Navigational Uses Of International Watercourses: A Mexican Point Of View, Alberto Szekely

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

18 pages.

The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation; Harmful Conditions And Emergency Situations; And Protection Of Water Installations, Ved P. Nanda

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains endnotes (pages 40-50).

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses (Articles 1-4), Robert D. Hayton

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

14 pages.

Includes footnotes.

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses: “Management And Domestic Remedies", Sergei V. Vinogradov

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

46 pages.

Contains 11 pages of endnotes.

Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.

Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …

Land Acquisition And Coastal Resource Management: A Pragmatic Perspective, David Owens

William & Mary Law Review

No abstract provided.

“Don’T Go Near The Water” (Coal Leasing On Public Lands), Harrison Loesch

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

5 pages.