Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (44)
- Water Law (18)
- Land Use Law (13)
- Law of the Sea (11)
- Administrative Law (9)
-
- Admiralty (9)
- International Law (9)
- Property Law and Real Estate (7)
- State and Local Government Law (7)
- Legislation (5)
- Public Law and Legal Theory (5)
- Agency (4)
- Energy and Utilities Law (4)
- International Trade Law (4)
- Oil, Gas, and Mineral Law (4)
- Transnational Law (4)
- Transportation Law (4)
- Human Rights Law (3)
- Law and Economics (3)
- Law and Politics (3)
- Law and Society (3)
- Comparative and Foreign Law (2)
- Constitutional Law (2)
- European Law (2)
- Indigenous, Indian, and Aboriginal Law (2)
- International Humanitarian Law (2)
- Military, War, and Peace (2)
- Tax Law (2)
- Keyword
-
- Maine (12)
- Conservation (8)
- Environmental law (8)
- Coastal (5)
- Ocean (5)
-
- Water (5)
- Environment (4)
- Fishing (4)
- Jurisdiction (4)
- Administrative law (3)
- Air (3)
- Book review (3)
- Maritime law (3)
- Natural resources (3)
- Pollution (3)
- Aquaculture (2)
- Beaches (2)
- Boundaries (2)
- Clean air (2)
- Clean water (2)
- Climate change (2)
- Coast (2)
- Coastal pollution (2)
- Congress (2)
- Constitutional law (2)
- Environmental Law (2)
- Federalism (2)
- Gulf of maine (2)
- Indigenous (2)
- Intertidal zone (2)
- Publication Type
Articles 1 - 30 of 56
Full-Text Articles in Natural Resources Law
Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar
Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar
Maine Law Review
Resiliency has become a dominant and largely unchallenged organizing principle of contemporary state-local governance in Maine, particularly as it affects rural towns and communities dependent on extractive industries. This Article argues that resiliency planning is not merely a policy orientation, but a distinct form of legal authority, which operates through an administrative structure that is closed off to normal channels of political accountability and judicial review. Focusing on Maine, the Article shows how statewide resiliency planning reallocates authority across state and local institutions, shaping fiscal access and territorial development without triggering the doctrinal safeguards of public law. Rural governance, where …
"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy
Ocean and Coastal Law Journal
This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …
Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer
Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer
Ocean and Coastal Law Journal
Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s corals reefs are exceedingly valuable to the earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections–which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., are …
Frankel: Law Of Seashore, Waters And Water Courses: Maine And Massachusetts, Harriet Putnam Henry
Frankel: Law Of Seashore, Waters And Water Courses: Maine And Massachusetts, Harriet Putnam Henry
Maine Law Review
The advance announcement of Law of Seashore, Waters and Water Courses: Maine and Massachusetts served to arouse a sense of anticipation among practitioners in Maine. The brochure foretold of a thorough analysis of the relationship of the colonial ordinances to the law pertaining to the land-sea interface, rivers, and great ponds. The book was described as "An Exhaustive Handbook on Water Rights in Maine and Massachusetts . . . valuable for lawyers, public officials and property owners." In the Frankel book, realization fell far short of anticipation.
Suggested Revisions In Maine's Planning And Land Use Control Enabling Legislation—Part Ii, Orlando E. Delogu
Suggested Revisions In Maine's Planning And Land Use Control Enabling Legislation—Part Ii, Orlando E. Delogu
Maine Law Review
The process which transfers land from its natural or an unintensively used agricultural state to house lots, shopping centers, or industrial sites is often referred to as land subdivision. No more long-lasting or fundamental series of changes with respect to the land can be imagined; yet the process in Maine is not only unregulated by the state and by most local levels of government, but is not at present capable of being regulated in any meaningful sense of the word. No state statutes exist which impose even the most reasonable standards, limitations, or procedural safeguards on either the process of …
Legislative Discouragement Of Maine's Marine Industrial Growth, John H. Pursel
Legislative Discouragement Of Maine's Marine Industrial Growth, John H. Pursel
Maine Law Review
At common law the public rights to navigation and fishing could not be alienated by the King. Dry land and the land beneath the sea could be alienated but only so long as the public rights to navigation and fishing were preserved. This common law doctrine was rejected in 1842 by the United States Supreme Court as binding precedent for limiting the alienation of the public domain by the legislatures of the various states. In Martin v. Wadell the Court reasoned that this common law principle was not applicable because the people of the United States through their act of …
Environmental Jurisdiction In The Congress And The Executive, Edmund S. Muskie
Environmental Jurisdiction In The Congress And The Executive, Edmund S. Muskie
Maine Law Review
Extraterrestrial exploration and a historic lunar success have helped give modern man a unique perspective on the earth and his natural environment. We have looked on our planet from the reaches of outer space and have seen how small, how alone, and how vulnerable we are. We have travelled to the moon and photographed Mars, but we have finally realized that no matter how far or how fast we grow, no matter how far afield our explorations take us, and no matter how great our vision, we must always return to earth. This is a discomfiting realization for a civilization …
Uncommon Controversy, David Getches
Uncommon Controversy, David Getches
Maine Law Review
In the mid-nineteenth century the Indians of the Northwest were pressured by government agents into signing treaties ceding most of the land they had historically occupied to the United States. In each treaty, besides reserving small tracts of land for themselves, the Indians specifically reserved the right to fish "at all usual and accustomed grounds and stations." Because the lands which the Indians were permitted to reserve were selected so as "not to interfere with existing [non-Indian] claims, or with the progress of settlements," many traditional fishing places were located outside the reservations. The Indians' grudging acceptance of the treaties …
Conservation, Policy And The Role Of Counsel, David J. Halperin
Conservation, Policy And The Role Of Counsel, David J. Halperin
Maine Law Review
The conservation interests in the State of Maine have been roused to a furor by the decision of Maine's highest court in State v. Johnson. The case, in substance, holds that Maine's Wetlands Act is unconstitutional when applied to prohibit the filling of a specific segment of salt water marsh. While both the decision and the underlying statute are of considerable substantive interest, the case deserves particular study for the light it sheds on the role of counsel in helping the legal process accommodate new policy concerns. A note of caution must, of course, be sounded before seeking to generalize …
Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes
Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes
Maine Law Review
The physical fact about coastal pollution is that, since many of its harms are irreversible, it must be prevented and not just dealt with as it arises. The legal fact about coastal pollution is that legislation which aims to prevent pollutants must survive attacks under the due process, equal protection, commerce, and privileges and immunities clauses of the federal Constitution if we are not to lose entirely the enjoyment of our coastal waters. As the following discussion of the "Environmental Protection Package" passed by the First Special Session of the 104th Maine Legislature and the earlier Wetlands Act shows, judicial …
Ransoming The Maine Environment, G. Graham Waite
Ransoming The Maine Environment, G. Graham Waite
Maine Law Review
The call for natural resource conservation is widely heard today. Purity of air and water are goals that most persons seem to endorse, at least in the abstract. The dollar costs of governmental programs for achieving relatively clean air and water doubtless are high, making questions of who bears them important. Some recent decisions of the Maine Supreme Judicial Court suggest that in Maine the major costs will be paid by taxpayers at large rather than by individual resource users.
A Proposal To Protect Maine From The Oilbergs Of The 70'S, Eugene C. Coughlin Iii
A Proposal To Protect Maine From The Oilbergs Of The 70'S, Eugene C. Coughlin Iii
Maine Law Review
The oil industry is moving into Maine with plans to develop new oil ports and to build oil refineries along the coast. Although the Portland harbor is one of the busiest oil ports on the eastern seaboard, the enormous increase in oil transportation over Maine waters, as envisioned by the oil magnates, poses frightening consequences for Maine people. Responding to this threat and to a growing conservation lobby, as well as an aroused public, the 104th Legislature passed measures that hopefully will begin to cope with the problem. Hailed as landmark conservation legislation, the new laws go further than past …
Uncommon Controversy, David Getches
Uncommon Controversy, David Getches
Maine Law Review
In the mid-nineteenth century the Indians of the Northwest were pressured by government agents into signing treaties ceding most of the land they had historically occupied to the United States. In each treaty, besides reserving small tracts of land for themselves, the Indians specifically reserved the right to fish "at all usual and accustomed grounds and stations." Because the lands which the Indians were permitted to reserve were selected so as "not to interfere with existing [non-Indian] claims, or with the progress of settlements," many traditional fishing places were located outside the reservations. The Indians' grudging acceptance of the treaties …
Conservation, Policy And The Role Of Counsel, David J. Halperin
Conservation, Policy And The Role Of Counsel, David J. Halperin
Maine Law Review
The conservation interests in the State of Maine have been roused to a furor by the decision of Maine's highest court in State v. Johnson. The case, in substance, holds that Maine's Wetlands Act is unconstitutional when applied to prohibit the filling of a specific segment of salt water marsh. While both the decision and the underlying statute are of considerable substantive interest, the case deserves particular study for the light it sheds on the role of counsel in helping the legal process accommodate new policy concerns. A note of caution must, of course, be sounded before seeking to generalize …
Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes
Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes
Maine Law Review
The physical fact about coastal pollution is that, since many of its harms are irreversible, it must be prevented and not just dealt with as it arises. The legal fact about coastal pollution is that legislation which aims to prevent pollutants must survive attacks under the due process, equal protection, commerce, and privileges and immunities clauses of the federal Constitution if we are not to lose entirely the enjoyment of our coastal waters. As the following discussion of the "Environmental Protection Package" passed by the First Special Session of the 104th Maine Legislature and the earlier Wetlands Act shows, judicial …
Ransoming The Maine Environment, G. Graham Waite
Ransoming The Maine Environment, G. Graham Waite
Maine Law Review
The call for natural resource conservation is widely heard today. Purity of air and water are goals that most persons seem to endorse, at least in the abstract. The dollar costs of governmental programs for achieving relatively clean air and water doubtless are high, making questions of who bears them important. Some recent decisions of the Maine Supreme Judicial Court suggest that in Maine the major costs will be paid by taxpayers at large rather than by individual resource users.
The Law Of The Land: Development Legislation In Maine And Vermont, J. Jackson Walter
The Law Of The Land: Development Legislation In Maine And Vermont, J. Jackson Walter
Maine Law Review
In recent Maine and Vermont environmental protection legislation, desecration of the landscape has emerged as an issue as controversial as pollution of water and air. Traditional techniques of land use regulation operate locally, some say parochially, without any regular regard for Earth Day or statehouse politics or even administrative fair play. The trend in northern New England to adopt state-level standards totally changes the business of land development. And statewide rules are not the end; national land use standards are imminent. A report by the President's Council of Environmental Quality recommends federal controls within areas of critical environmental concern, such …
Maine's Coastal Conveyance Of Oil Act: Jurisdictional Consideration, Maine Law Review
Maine's Coastal Conveyance Of Oil Act: Jurisdictional Consideration, Maine Law Review
Maine Law Review
Maine's Coastal Conveyance of Oil Act is the most comprehensive oil discharge control law in the United States. Such broad regulatory legislation inevitably raises questions of constitutionality and, as expected, the oil industry has brought a challenge to the Maine statute. In American Oil Co. et al. v. Environmental Improvement Commission, a declaratory judgment action, the Maine act has been alleged to violate the commerce, due process, equal protection and admiralty clauses of the United States Constitution. Although each allegation of constitutional conflict raises substantial problems, the most troublesome attack is that based upon the admiralty clause. Here the basic …
Federal Evaluation Of Riparian Property: Section 111 Of The Rivers And Harbors Act Of 1970, Ronald C. Allen
Federal Evaluation Of Riparian Property: Section 111 Of The Rivers And Harbors Act Of 1970, Ronald C. Allen
Maine Law Review
Certain of our citizenry persist in their belief that the water resources of this nation are essentially a free good which necessitates very little, if any, governmental interference in the development or beneficial exploitation of these resources. Theirs is obviously a dream world which dangerously ignores evidence from much of our history as well as the obvious conditions of the present. The nation is confronted with too many people, and the promise of many more, making too many demands upon our existing and foreseeable supply of water to allow the perpetuation of a myth of rugged individualism. This attitude has …
A National Environmental Policy: Now You See It, Now You Don't, Edward S. Muskie, Eliot R. Cutler
A National Environmental Policy: Now You See It, Now You Don't, Edward S. Muskie, Eliot R. Cutler
Maine Law Review
The National Environmental Policy Act was born with a fanfare of rhetoric. Suddenly sensitive to the urgency of the environmental crisis, Congress passed the bill quickly, and President Nixon seized the opportunity to sign it on the first day of the new decade. During its early years, NEPA was hailed by environmental activists as nothing short of a panacea; the environmentalists were nearly unanimous in singing its praises. At the same time, industrialists warned that NEPA's provisions could stop growth and progress in their tracks. But in recent months the battle lines have begun to shift. When the subject of …
A National Environmental Policy: Now You See It, Now You Don't, Edward S. Muskie, Eliot R. Cutler
A National Environmental Policy: Now You See It, Now You Don't, Edward S. Muskie, Eliot R. Cutler
Maine Law Review
The National Environmental Policy Act was born with a fanfare of rhetoric. Suddenly sensitive to the urgency of the environmental crisis, Congress passed the bill quickly, and President Nixon seized the opportunity to sign it on the first day of the new decade. During its early years, NEPA was hailed by environmental activists as nothing short of a panacea; the environmentalists were nearly unanimous in singing its praises. At the same time, industrialists warned that NEPA's provisions could stop growth and progress in their tracks. But in recent months the battle lines have begun to shift. When the subject of …
Liability For Maritime Oil Pollution: A Comparison Of The Maine Coastal Conveyance Act With Federal Liability Provisions, Maine Law Review
Liability For Maritime Oil Pollution: A Comparison Of The Maine Coastal Conveyance Act With Federal Liability Provisions, Maine Law Review
Maine Law Review
The increasing involvement of coastal states in the regulation of oil pollution within their territorial waters has raised serious questions about the constitutional validity of state legislation imposing liability on parties responsible for unlawful oil discharges. The admiralty clause of the United States Constitution provides that the judicial power of the United States extends to "all cases of admiralty and maritime jurisdiction." This grant to federal courts of original jurisdiction over all admiralty or maritime cases has been construed to be more than a grant of judicial competence. The United States Supreme Court has interpreted the admiralty clause to incorporate …
Shellfish Regulation: Conservation And Discrimination, Maine Law Review
Shellfish Regulation: Conservation And Discrimination, Maine Law Review
Maine Law Review
The economy of many coastal states depends heavily upon the shellfish industry. Shellfish such as lobsters and clams are an especially important marine resource for these states. In recent years, however, the supply of shellfish has experienced substantial declines. State laws that permit the harvesting of lobsters prior to sexual maturity, for example, have made the lobster industry dependent on the yearly additions to the lobster supply. The increasing demands for shellfish as well as the pollution of areas such as coastal clamflats have also contributed to the serious depletion of the shellfish resources in many areas. Despite the possible …
Boundary Delimitation In The Economic Zone: The Gulf Of Maine Dispute, Maine Law Review
Boundary Delimitation In The Economic Zone: The Gulf Of Maine Dispute, Maine Law Review
Maine Law Review
In an ideal world of abundant natural resources, homogeneously distributed among nations, the issue of marine boundary delimitation would have little significance within the international community. However, the realities of randomly concentrated and limited resources, complicated by the political geography of the oceans, have made maritime boundary delimitation a crucial international issue. In a world of more than 130 coastal nations, the determination of standards for allocation of living and non-living ocean resources within the fertile offshore areas has become an issue of widespread economic importance. Nonetheless, the international community has developed few concrete and specific rules for marine boundary …
The Fishery Conservation And Management Act Of 1976: State Regulation Of Fishing Beyond The Territorial Sea, Maine Law Review
The Fishery Conservation And Management Act Of 1976: State Regulation Of Fishing Beyond The Territorial Sea, Maine Law Review
Maine Law Review
Historically, international law has recognized the sovereignty of coastal nations within the three-mile contiguous territorial sea. Although modem international practice has expanded the breadth of the territorial sea to twelve miles or more, the traditional three-mile zone retains a special significance within the scheme of domestic United States marine law. Under the federal scheme of marine resource jurisdiction, authority within the three-mile zone has been allocated to the coastal states while the federal government has exercised near-exclusive jurisdiction over marine zones seaward of the territorial sea boundary. However, this bifurcated jurisdiction scheme has failed to provide effective conservation and management …
Maine’S Arctic Future: Balancing Economic Opportunity, Geopolitical Risk, And Legal Responsibility, Emily Elmore
Maine’S Arctic Future: Balancing Economic Opportunity, Geopolitical Risk, And Legal Responsibility, Emily Elmore
Ocean and Coastal Law Journal
This Paper explores the dynamic intersection of climate change, geopolitical strategy, and economic development in the rapidly changing Arctic landscape, focusing on existing legal paradigms and Maine’s unique position as a pivotal player in this context. Maine, with its historic ties to the Arctic, scientific partnerships, and strategic location as the northernmost port on the United States East Coast, is well-placed to capitalize on emerging economic opportunities. However, these opportunities are accompanied by substantial risks, including climate change impacts, operational challenges in the harsh Arctic environment, and geopolitical tensions among rival states vying for influence in the region. This Paper …
What Did Scotus Do To Wotus?, Hailey Rizzo
What Did Scotus Do To Wotus?, Hailey Rizzo
Ocean and Coastal Law Journal
The term “waters of the United States” has sparked half a century of debate among policymakers, judges, Supreme Court Justices, the Environmental Protection Agency, and the Army Corps of Engineers, culminating in the Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency. This Article chronicles the interpretive history of “waters of the United States” within the context of wetlands and discusses the broader implications of the Sackett decision on the nation’s water bodies.
Partial Additionality: The Blunt Metric Distorting Carbon Market, Anthony L. Moffa, Joseph Newlen
Partial Additionality: The Blunt Metric Distorting Carbon Market, Anthony L. Moffa, Joseph Newlen
Faculty Publications
The widespread recognition that climate change presents an existential threat to humanity has spurred the development of numerous technologies, regulatory structures, and voluntary actions aimed to mitigate the pending disaster.
Supplements To Environmental Impact Statements: Implementation Of The Standards Set By The Council On Environmental Quality, Dale Lynn Gavin
Supplements To Environmental Impact Statements: Implementation Of The Standards Set By The Council On Environmental Quality, Dale Lynn Gavin
Maine Law Review
Environmental impact statements (EISs) are prepared before any major federal project is undertaken, as required by the National Environmental Policy Act (NEPA). An original EIS may become obsolete if a Project's operation later changes in any significant way, or if previously unsuspected environmental impacts are later discovered. When either of these two events occurs, compliance with NEPA demands that a supplemental EIS be prepared to focus on the changes. The decision whether a supplement is required in any particular situation is guided by standards set by the Council on Environmental Quality (CEQ). In addition, some federal agencies have promulgated their …
Wilderness, Trust, And Finality: The Baxter State Park Snowmobile Dispute, Ellen Kandoian, Brooke E. Barnes
Wilderness, Trust, And Finality: The Baxter State Park Snowmobile Dispute, Ellen Kandoian, Brooke E. Barnes
Maine Law Review
The recent controversies surrounding the use of snowmobiles in Baxter State Park exemplify the human essence of the trust relationship and the law's awkwardness in addressing the inherently nonlegalistic principles of trust. Baxter State Park is an area of 201,018 acres in northern Maine, purchased by former Governor Percival Proctor Baxter and then donated to the State of Maine in trust. The park includes Mount Katahdin, the highest mountain in Maine and the head of the Appalachian Trail. As Chief Justice McKusick wrote in a recent decision construing the trust, "in its combination of size, uniqueness, permanence, and vision, his …