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Articles 2011 - 2040 of 3740

Full-Text Articles in Natural Resources Law

Table Of Contents Jan 2012

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval Jan 2012

Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters Jan 2012

National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu Jan 2012

Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat Jan 2012

Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust Jan 2012

American Electric Power V. Connecticut, 131 S. Ct. 2527 (2011), Sarah E. Rust

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


The Right Of Nonuse, Jan G. Laitos Jan 2012

The Right Of Nonuse, Jan G. Laitos

Sturm College of Law: Faculty Scholarship

The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It reexamines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue …


New Models For The Compensation Of Natural Resources Damage, Michael Faure, Jing Liu Jan 2012

New Models For The Compensation Of Natural Resources Damage, Michael Faure, Jing Liu

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb Jan 2012

Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb

UIC Law Review

No abstract provided.


Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson Jan 2012

Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

United States natural gas production is likely to stunt the direction and intensity of renewable energy by up to two decades according to a MIT study. Gas will not provide a “’bridge’ to a low-carbon future if it erodes efforts to prepare a landing at the other end of the bridge.” Unconventional natural gas extraction need not become a “transition” to a new addiction. This article analyzes how cooperative federalism and inclusive decision-making can provide legitimacy and transparency when balancing property rights versus police powers to regulate natural gas production.


Hydrofracking: Disturbances Both Geological And Political: Who Decides?, John R. Nolon Jan 2012

Hydrofracking: Disturbances Both Geological And Political: Who Decides?, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

There is much controversy about the mining of shale gas through a process known as hydraulic fracturing (hydrofracking) in the Marcellus Shale formation, one of the largest shale gas areas in the world. A debate is raging about its economic benefits and environmental impacts as the New York State’s Department of Environmental Conservation (DEC) considers what standards to require when it issues permits to drillers. New York State law gives permitting authority to DEC and calls into question the historical home rule authority of localities to control the location and land use impacts of gas wells, through comprehensive planning, zoning, …


Regulatory Takings And Property Rights Confront Sea Level Rise: How Do They Roll?, John R. Nolon Jan 2012

Regulatory Takings And Property Rights Confront Sea Level Rise: How Do They Roll?, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Under the Beach and Shore Preservation Act, the State of Florida is authorized to conduct extraordinarily expensive beach renourishment projects to restore damaged coastal properties. The statute advances the State’s interest in repairing the damage to the coastal ecosystem and economy caused by hurricanes, high winds, and storm surges. The effect of a renourishment project conducted under the statute is to fix the legal boundary of the littoral property owner at an Erosion Control Line. Plaintiffs in Walton County v. Stop the Beach Renourishment, Inc. claimed that the statute took their common law property rights to their boundary, which would, …


Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto Jan 2012

Hot, Crowded, And Legal: A Look At Industrial Agriculture In The United States And Brazil, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

Over the last sixty years, industrial agriculture has expanded in the United States and throughout the world, including in Brazil. Any benefit this expansion has brought comes at significant environmental and social costs. Industrial agriculture is a leading contributor to global climate change, air and water pollution, deforestation, and dangers in the workplace. This Article discusses the impact of industrial animal agriculture in the U.S. and Brazil. It also examines the laws pertaining to industrial agriculture in both countries and provides a comparative analysis of the two legal regimes. Finally, this Article concludes with the observation that although the price …


The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto Jan 2012

The Evolution Of The Brazilian Regulation Of Ethanol And Possible Lessons For The United States, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

The oil shocks of the 1970s propelled the search for alternative fuel sources by oil-dependent countries. The United States and Brazil–then the two largest producers and consumers of ethanol in the world – focused intensely on biofuels as a substitute for oil, while other countries – such as Japan and European Union members – focused more on nuclear energy and other methods of power generation. However, from the 1980s onward, climate change emerged as a significant concern. This new focus on climate change revived the discussion about the need for alternative energy sources. In addition, during the 2000s, oil prices …


Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby Jan 2012

Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby

Natural Resources Journal

No abstract provided.


Is A Substantive, Non-Positivist United States Environmental Law Possible?, Dan Tarlock Jan 2012

Is A Substantive, Non-Positivist United States Environmental Law Possible?, Dan Tarlock

Michigan Journal of Environmental & Administrative Law

U.S. environmental law is almost exclusively positive and procedural. The foundation is the pollution control and biodiversity conservation statutes enacted primarily between 1969–1980 and judicial decisions interpreting them. This law has created detailed processes for making decisions but has produced few substantive constraints on private and public decisions which impair the environment. Several substantive candidates have been proposed, such as the common law, a constitutional right to a healthy environment, the public trust, and the extension of rights to fauna and flora. However, these candidates have not produced the hoped for substantive law. Many argue that a substantive U.S. environmental …


The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman Jan 2012

The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman

UIC Law Review

No abstract provided.


Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing, Casey Shickling Jan 2012

Opening Block Island Sound Transit Zone To Striped Bass Recreational Fishing, Casey Shickling

Sea Grant Law Fellow Publications

No abstract provided.


The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox Jan 2012

The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox

Sea Grant Law Fellow Publications

No abstract provided.


Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman Jan 2012

Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman

Sea Grant Law Fellow Publications

No abstract provided.


Increasing Infrastructure's Resiliency To Global Climate Change Effects: Seeking Non-Traditional Federal Partnerships In Rhode Island's Coastal Beach Zones, James Mcmahon Jan 2012

Increasing Infrastructure's Resiliency To Global Climate Change Effects: Seeking Non-Traditional Federal Partnerships In Rhode Island's Coastal Beach Zones, James Mcmahon

Sea Grant Law Fellow Publications

No abstract provided.


The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning Jan 2012

The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning

Natural Resources Journal

No abstract provided.


California's War Over The Bay-Delta: Historic Failures And Current Battles, Jessica J. Mao Jan 2012

California's War Over The Bay-Delta: Historic Failures And Current Battles, Jessica J. Mao

CMC Senior Theses

California has one highly-coveted possession: the Bay-Delta, which is the second largest estuary in the United States. Today, tensions are higher than ever as Southern California continues to grow and demand water from the Delta, agriculture suffers from drought and less-than-promised water allocations, and aquatic life diminishes due to environmentally damaging processes like pumping and exporting of water elsewhere. This paper will examine the historic policies that have shaped how the Delta has been managed, their successes and failures, and current plans in discussion for continuing improvement of the Delta. The Bay-Delta Conservation Plan and the Sacramento-San Joaquin Valley Water …


The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann Jan 2012

The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann

Articles

When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated the environmental …


Wilderness, Water, And Climate Change, Sandra B. Zellmer Jan 2012

Wilderness, Water, And Climate Change, Sandra B. Zellmer

Faculty Law Review Articles

As the nation searches for climate mitigation and adaptation strategies, the pressure to develop water resources within wilderness areas and to exploit the timber, forage, wildlife, fish, and other virtually untapped components of wilderness will become more acute. This Article makes the case that managers and legislatures should not yield to this pressure and argues that, if anything, the need to preserve untrammeled wilderness characteristics is just as imperative today as it was in 1964 when the Wilderness Act was passed The Article examines the potency of the Wilderness Act and a trio of federal water law doctrines-federally reserved water …


Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler Jan 2012

Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler

Faculty Publications

Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This Essay presents an alternative view. Specifically, this Essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case for greater reliance on property rights and market institutions to address …


The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme Jan 2012

The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme

Sea Grant Law Fellow Publications

No abstract provided.


A Risky Business: Generation Of Nuclear Power And Deepwater Drilling For Offshore Oil And Gas, Hope M. Babcock Jan 2012

A Risky Business: Generation Of Nuclear Power And Deepwater Drilling For Offshore Oil And Gas, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Government regulation and licensing of industrial activities that create the possibility of catastrophic risk reflect “a political value judgment that these activities provide a social benefit that is greater than the social cost of the risks that they cause.” However, when a catastrophic accident occurs, the cost-benefit evaluations underlying the value judgment that authorized the activity may need to be rethought. Social rethinking is especially warranted when the accident could have been prevented had either the industry or the government more seriously assessed the risk of a catastrophic event and implemented precautionary steps to avoid it. This was the conclusion …


A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho Dec 2011

A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho

BYU Law Review

No abstract provided.


Restoring Restitution: The Role Of Proximate Causation In Child Pornography Possession Cases Where Restitution Is Sought, Dennis F. Dibari Oct 2011

Restoring Restitution: The Role Of Proximate Causation In Child Pornography Possession Cases Where Restitution Is Sought, Dennis F. Dibari

Cardozo Law Review

No abstract provided.