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Articles 271 - 300 of 563
Full-Text Articles in Natural Law
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith
Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Conceptualizing Climate Justice In Kivalina, Marissa Knodel
Conceptualizing Climate Justice In Kivalina, Marissa Knodel
Seattle University Law Review
Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations …
Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman
Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman
Seattle University Law Review
Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …
United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom
United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom
Seattle University Law Review
Both the United States and Norway have a long history of commercial whaling, but the mantle of dominance in the whaling world passed from the United States to Norway in the mid-nineteenth century. As demand for whale-based products declined in the United States over the past century, and environmentalism and conservationism became more popular public ideologies, the United States shifted from a pro-whaling nation to, effectively, an anti-whaling nation. Norway, however, has continued to be the only nation that openly engages in commercial whaling for profit, albeit on a smaller scale in comparison to historical practices. The United States’ past …
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Seattle University Law Review
The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
Seattle University Law Review
The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Seattle University Law Review
This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood
Seattle University Law Review
For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …
Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson
Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson
Seattle University Law Review
In the spring of 2013, industry groups and states began a concerted lobbying effort to oppose citizen enforcement of the federal environmental laws. The United States Chamber of Commerce and lobbyists for states created a catch-phrase—“sue and settle”—to demonize citizen enforcement and the federal government’s practice of settling lawsuits it is destined to lose in court. The Chamber alleged that the federal government, by settling lawsuits brought by citizens groups rather than defending them in court, was colluding with those non-governmental organizations and excluding other affected parties to reallocate the agencies’ priorities and obligations. Federal environmental laws establish a central …
On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie
On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie
Natural Resources Journal
In the midst of the hydraulic fracturing revolution, elected officials in Mora County, New Mexico recently banned all oil and gas production within the county. But the officials went even further, stripping corporations of constitutional rights and declaring the constitutions of the United States and the state of New Mexico illegal if interpreted as inconsistent with the ordinance. Why would a small rural county like Mora with no oil and gas operations to speak of adopt such an extreme ordinance? This article applies economics, political choice, and localism theories to argue that Mora County’s decision may be at least partly …
Hydraulic Fracturing: If Fractures Cross Property Lines, Is There An Actionable Subsurface Trespass, Keith B. Hall
Hydraulic Fracturing: If Fractures Cross Property Lines, Is There An Actionable Subsurface Trespass, Keith B. Hall
Natural Resources Journal
The law recognizes trespass liability for subsurface intrusions, at least in some circumstances. Further, courts sometimes have stated that ownership of land extends to the earth’s center. But such statements are dicta. Few courts have carefully considered the maximum extent of subsurface ownership or subsurface trespass liability. Courts in two jurisdictions have recently addressed whether a person incurs liability when he causes hydraulic fracturing fluid to intrude into the subsurface of a neighbor’s land, but the courts reached opposite conclusions, with each suggesting that public policy supported its position. Neither adequately examined the legal issues. Careful consideration of trespass concepts …
Can The United States Control Its Natural Gas: International Trade Implications Of Restrictions On Liquefied Natural Gas Exports, Adam Eldean
Natural Resources Journal
This article examines the cross-section between energy, environmental, and international law while exploring the recent developments of liquefied natural gas (LNG) exports to non-free trade agreement countries, and considers how international free trade agreements affect efforts to restrict or limit exports of LNG. The article discusses the environmental and economic impacts of large-scale exports of LNG, but argues that efforts to stifle LNG exports will ultimately fail regardless of potential negative impacts due to conflict with existing international trade agreements, including the General Agreement on Tariffs and Trade and the North American Free Trade Agreement. Since approval of export licenses …
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
A Regulatory Comparison Of Hydraulic Fracturing Fluid Disclosure Regimes In The United States, Canada, And Australia, Allan Ingelson, Tina Hunter
A Regulatory Comparison Of Hydraulic Fracturing Fluid Disclosure Regimes In The United States, Canada, And Australia, Allan Ingelson, Tina Hunter
Natural Resources Journal
Numerous state, provincial, and federal governments in the United States, Canada, and Australia have created guidelines, legislation, and/or regulations (or are in the process of doing so) in response to public concerns about water contamination from hydraulic fracturing. This article will compare and analyze three national regimes in the leading states and provinces in which laws have been amended, proposed, or adopted to address public concerns about the chemicals and additives in hydraulic fracturing fluids used to produce unconventional hydrocarbons. New regulations, recent legislative amendments, and, in some cases, new statutes have been proposed or adopted in the past few …
Goal-Oriented Disclosure Design For Shale Oil And Gas Development, Kate Konschnik
Goal-Oriented Disclosure Design For Shale Oil And Gas Development, Kate Konschnik
Natural Resources Journal
States have acted quickly to respond to the public’s demand for information on the chemicals used in hydraulic fracturing. Proponents of these disclosure requirements have relied on a number of policy rationales. However, the resulting disclosure systems may not be achieving stated goals. Ineffective disclosure requirements risk undermining public confidence in the disclosure process and waste an important opportunity to put these disclosures to work. This article suggests using a Goal-Oriented Disclosure Design approach to HFC disclosure, built around the goals for disclosure, the information end users need to target in pursuit of each goal, and the feedback loops those …
Assessing The Scope Of The National Environmental Policy Act: Recent Attempts By Environmentalists To Add Climate Change Considerations Into Nepa Review, Maureen O'Dea Brill
Assessing The Scope Of The National Environmental Policy Act: Recent Attempts By Environmentalists To Add Climate Change Considerations Into Nepa Review, Maureen O'Dea Brill
Natural Resources Journal
As the United States continues its roaring ramp up as the world’s leading natural gas producer, the environmental community is trying to force the federal government to account for the aggregate impact of domestic natural gas production from shale, especially in the context of climate change. To achieve this goal, environmental organizations have sought to employ the National Environmental Policy Act (NEPA), a law aimed at increasing government awareness of the broader environmental consequences of federal action. This article explores the two ways in which environmental organizations have tried to expand federal environmental reviews to include climate change considerations under …
The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson
The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Carta de Foresta, the Charter of the Forest of 1217, is among the first statutes in environmental law of any nation. Crafted to reform patently unjust governance of natural resources in 13th century England, the Charter of the Forest became a framework through which to reconcile competing environmental claims, then and into the future. The Charter confirmed the rights of “free men.” Kings resisted conceding these rights. When confronted with violation of the Charter, barons and royal councils obliged kings repeatedly to reissue the Forest Charter and pledge anew to obey its terms.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Creating New Spaces For Sustainable Water Management In The Senegal River Basin, Frans J.G. Padt, Juan Carlos Sanchez
Creating New Spaces For Sustainable Water Management In The Senegal River Basin, Frans J.G. Padt, Juan Carlos Sanchez
Natural Resources Journal
No abstract provided.
International Trade And Investment Law And Carbon Management Technologies, Nigel Bankes, Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt
International Trade And Investment Law And Carbon Management Technologies, Nigel Bankes, Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt
Natural Resources Journal
No abstract provided.
Anaerobic Digestion Technology: How Agricultural Producers And The Environment Might Profit From Nuisance Lawsuits, Catherine M. H. Keske
Anaerobic Digestion Technology: How Agricultural Producers And The Environment Might Profit From Nuisance Lawsuits, Catherine M. H. Keske
Natural Resources Journal
No abstract provided.
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Natural Resources Journal
No abstract provided.
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
Equity In Policy: Failure And Opportunity, Henry Vaux Jr.
Equity In Policy: Failure And Opportunity, Henry Vaux Jr.
Natural Resources Journal
No abstract provided.
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble
Natural Resources Journal
No abstract provided.
Appendix: Land Grant Speculation In New Mexico During The Territorial Period, David Correia
Appendix: Land Grant Speculation In New Mexico During The Territorial Period, David Correia
Natural Resources Journal
No abstract provided.