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- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (18)
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- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (10)
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Articles 121 - 150 of 154
Full-Text Articles in Natural Resources Law
One Person's Waste Is Another Person's Liability: Closing The Liability Loophole In Rcra's Citizen Enforcement Action, Michael F. Hearn
One Person's Waste Is Another Person's Liability: Closing The Liability Loophole In Rcra's Citizen Enforcement Action, Michael F. Hearn
McGeorge Law Review
No abstract provided.
Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer
Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer
UIC Law Review
No abstract provided.
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
UIC Law Review
No abstract provided.
Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding
Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding
UIC Law Review
No abstract provided.
Introduction: Twenty-Five Years Of The Gulf Of Maine Judgment, Charles H. Norchi
Introduction: Twenty-Five Years Of The Gulf Of Maine Judgment, Charles H. Norchi
Faculty Publications
An overview and retrospective on the Gulf of Maine Maritime Boundary case. This decision is a milestone in oceans law, and it continues to effect fisheries, oil and gas exploration, alternative energy production, and other issues in Canadian-American relations and beyond.
Adaptive Management In The Courts, J.B. Ruhl, Robert Fischman
Adaptive Management In The Courts, J.B. Ruhl, Robert Fischman
Vanderbilt Law School Faculty Publications
Adaptive management has become the tonic of natural resources policy. With its core idea of "learning while doing," adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in everything from mundane agency permits to grand presidential proclamations. Indeed, it is no exaggeration to suggest that these days adaptive management is natural resources policy. But is it working? Does appending "adaptive" in front of "management" somehow make natural resources policy, which has always been about balancing competing claims to nature’s bounty, something more and better? Many legal and policy scholars have asked that question, with …
Finding The Balance: Harmonizing Renewable Energy With Wildlife Conservation, Tina R. Goel
Finding The Balance: Harmonizing Renewable Energy With Wildlife Conservation, Tina R. Goel
Sustainable Development Law & Policy
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.
Multistate Decision Making For Renewable Energy And Transmission: An Overview, David E. Hurlbut
Multistate Decision Making For Renewable Energy And Transmission: An Overview, David E. Hurlbut
University of Colorado Law Review
No abstract provided.
Applying Geographic Information Systems To Support Strategic Environmental Assessment: Opportunities And Limitations In The Context Of Irish Land-Use Plans, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry
Applying Geographic Information Systems To Support Strategic Environmental Assessment: Opportunities And Limitations In The Context Of Irish Land-Use Plans, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry
Articles
The strengthening of spatial database infrastructures, further promoted by the INSPIRE Directive adopted in 2007, has led to an increased use of spatial data in planning and decision-making. Given that land-use plans are intrinsically spatial, such evidence and approaches can significantly benefit plan-making. A spatial framework could especially support the specific Strategic Environmental Assessment (SEA) aspects of the plan-making process. Spatial tools such as Geographic Information Systems (GIS) are particularly well-placed to support the environmental integration sought in SEA by providing evidence through the spatial assessment of multiple environmental datasets. Moreover, GIS bring the opportunity to augment conventional assessment techniques …
Subsurface "Trespass": A Man's Subsurface Is Not His Castle, Owen L. Anderson
Subsurface "Trespass": A Man's Subsurface Is Not His Castle, Owen L. Anderson
Faculty Articles
No abstract provided.
Adaptive Management In The Courts, Robert L. Fischman, J. B. Ruhl
Adaptive Management In The Courts, Robert L. Fischman, J. B. Ruhl
Articles by Maurer Faculty
Adaptive management has become the tonic of natural resources policy. With its core idea of “learning while doing,” adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in everything from mundane agency permits to grand presidential proclamations. Indeed, it is no exaggeration to suggest that these days adaptive management is natural resources policy. But is it working? Does appending “adaptive” in front of “management” somehow make natural resources policy, which has always been about balancing competing claims to nature’s bounty, something more and better? Many legal and policy scholars have asked that question, with …
Resistance, “Revolution,” And Reassessment 1981 - 1997, Richard J. Finkmoore
Resistance, “Revolution,” And Reassessment 1981 - 1997, Richard J. Finkmoore
Faculty Scholarship
No abstract provided.
Interstate Water Compacts And Climate Change Adaptation, Noah D. Hall
Interstate Water Compacts And Climate Change Adaptation, Noah D. Hall
Law Faculty Research Publications
Over 95% of the available surface freshwater resources in the United States are interstate in nature and governed by interstate water compacts. These interstate compacts vary tremendously in how they allocate and manage interstate waters. Until recently, the water resources governed by interstate compacts have been relatively stable and unaffected by drastic changes in long-term weather patterns. However, within the next few decades North America is expected to experience increased regional variability in precipitation and susceptibility to drought. This article first looks at these expected changes on a macro and regional level to evaluate the increased stress on water resources …
Ahistorical Indians And Reservation Resources, Ezra Rosser
Ahistorical Indians And Reservation Resources, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
Foundations: The Public Domain And Natural Resources Law 1785 - 1960, Richard J. Finkmoore
Foundations: The Public Domain And Natural Resources Law 1785 - 1960, Richard J. Finkmoore
Faculty Scholarship
No abstract provided.
Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz
Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz
All Maxine Goodman Levin School of Urban Affairs Publications
In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that Massachusetts was entitled to "special solicitude" in the standing analysis because it was sovereign. As a result, Massachusetts passed the standing threshold in a global warming case where an ordinary litigant may have been stymied. The Supreme Court’s analysis raises an interesting question: Are Indian tribes—which have been considered sovereign entities since before the founding, and which hold lands facing heavy environmental pressure—entitled to "special solicitude" as well? We think they should be.
To make this argument, we begin by discussing standing basics; dissecting Massachusetts v. …
A New Governance Approach To Designing An Effective Arrangement For The Sustainable Management Of Renewable Marine Resources In The Eastern Caribbean States, Kerith Tristan Kentish
A New Governance Approach To Designing An Effective Arrangement For The Sustainable Management Of Renewable Marine Resources In The Eastern Caribbean States, Kerith Tristan Kentish
LLM Theses
The study's main purpose is to propose a governance framework that meets the priority of sustainable development for the regulation of offshore renewable resources in the OECS region. The study develops an analytical framework for evaluating the recently adopted Round 3 model of governance for the regulation of offshore wind and other marine activities in the United Kingdom. The focus is on the licensing procedures applicable to offshore wind development. Thereafter, the study examines the appropriateness of the application of the Round 3 model to the regulation of marine renewables in the OECS, and makes recommendations in that regard. Additionally, …
Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity, Maria Cecilia Engler Palma
Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity, Maria Cecilia Engler Palma
LLM Theses
The allocation of fishing opportunities is one of the most difficult challenges for high seas fisheries management. There is an ongoing search for equitable and transparent allocation frameworks. This thesis explores whether, under what conditions, and with what shortcomings, a legal concept of equity can provide assistance in the development of such a framework. To this end, it reviews the historical origins of allocation of quotas in international fisheries, and summarizes the current global and regional legal frameworks for allocation and regional practices. It then analyzes whether intergenerational and intra-generational equity is considered in the international legal framework for high …
Coastal Preservation And Transferred Development Rights, Kate Kramer
Coastal Preservation And Transferred Development Rights, Kate Kramer
Sea Grant Law Fellow Publications
No abstract provided.
Taking Stock: The Magnuson-Stevens Act Revisited. Background Materials On The Msa, Jacqueline Rolleri
Taking Stock: The Magnuson-Stevens Act Revisited. Background Materials On The Msa, Jacqueline Rolleri
Sea Grant Law Fellow Publications
No abstract provided.
Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams
Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams
Journal Publications
In the United States water law is a subset of property law that controls the use and allocation of the water resource. Water law was, and remains, state law; nothing in the Constitution purports to change that. The scope of federal sovereignty at the time of nationhood did not include even the possibility of playing a major role in regulating resources because the national government was not a significant landholder. The twentieth century changed water federalism dramatically. In the twentieth century, even while laws and rhetoric respected the division of authority favoring the states, the real power over water in …
Pendaftaran Hakmilik Tanah Selepas Tsunami Di Banda Aceh : Isu-Isu Yang Berbangkit Berkenaan Perlindungan Hakmilik., Afifuddin Manan
Pendaftaran Hakmilik Tanah Selepas Tsunami Di Banda Aceh : Isu-Isu Yang Berbangkit Berkenaan Perlindungan Hakmilik., Afifuddin Manan
Student Works (2010-2019)
The earthquake and tsunami disaster that hit Acheh on December 24, 2004 had destroyed most of the records and files on land ownership. The disaster had created difficulties and brought about various conflicts in land administration and ownership. This dissertation aims to examine the procedure and legality of registration and the responsibility of the state in the protection of land ownership in the post tsunami era. The research revealed general problems relating to the protection of ownership of land post-tsunami, which include antinomy of law and improper actions of land registration officers. The antinomy of law and improper acts of …
Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd
Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd
Publications
The 2009 United Nations climate conference in Copenhagen has been widely viewed as a failure -a referendum in the eyes of many on the top-down, comprehensive approach to climate governance embodied in the Kyoto Protocol and carried forward in efforts to negotiate a successor regime. Despite a modest agreement on future work toward a new agreement, the most recent climate meeting in Cancún, Mexico reinforces this view, underscoring the conclusion that Copenhagen represents an important inflection point for international climate policy. Although much of the post-Copenhagen commentary has correctly identified various problems, even fatal flaws, with the process, very little …
Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate
Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate
Journal Publications
Reducing emissions from deforestation and degradation (REDD) has emerged as an important albeit controversial, component of negotiations for a new international climate change regime to succeed the Kyoto Protocol when it expires in 2012 Not permitted under the terms of the Kyoto Protocol, REDD involves paying developing countries to protect their tropical forests as a climate change mitigation strategy REDD gained widespread attention by 2005 and took center stage in the months preceding the negotiation of the Copenhagen Accord in December 2009. After more than a decade of nonparticipation in international climate change compliance efforts, the United States has signed …
Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall
Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall
Journal Publications
Climate change driven by greenhouse gas emissions is substantially altering water availability while increasing water demand. Shifts in domestic energy policy and production, while needed to confront the challenge of climate change, may further stress the nation's water resources. These changes and new demands will be most severe in regions that are already experiencing water stresses and conflicts. This article examines the extent of the changes in water supply and demand by assessing how water conflicts will be addressed in the four overarching water use categories: water for population security, water for ecological security, water for energy security, and water …
Investment In Water And Wastewater Infrastructure: An Environmental Justice Challenge, A Governance Solution, Alexandra Dapolito Dunn
Investment In Water And Wastewater Infrastructure: An Environmental Justice Challenge, A Governance Solution, Alexandra Dapolito Dunn
Elisabeth Haub School of Law Faculty Publications
This article evaluates the impact of the growing presence of privatized water and wastewater infrastructure projects in some of the world’s most populous countries: China, India, the United States, Brazil, and Nigeria. Together, these nations account for nearly 50 percent of the world’s population. The article discusses environmental justice issues associated with contaminated drinking water and insufficient sanitation and explores the role that public versus private ownership of water infrastructure plays in ensuring access to clean water for the lower-income echelons of society. It articulates the importance of the rule of law and sound environmental governance in this arena and …
Land Use And Water Supply, Susan Kelly, Joanne Hilton
Land Use And Water Supply, Susan Kelly, Joanne Hilton
Water Matters!
As New Mexico grows and develops, there is a continuing increase in water demand and the need to provide additional supplies. Recent studies estimate the current population of the State to be about two million people, and the population is expected to grow to approximately 3,400,000 by 2050. Regional water plans project water demands for 16 regions within New Mexico. The total projected new water use associated with population growth—the public water supply and associated commercial sectors, exclusive of agriculture, mining, or other industries—ranges from 280,000 to 380,000 acre-feet per year of new water supply needed in the next 40 …
You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong
You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong
Nevada Law Journal
This Note examines both the physical and regulatory takings of water rights found in Estate of Hage and provides an analysis of how takings law should apply to water rights. Part II of this Note provides a brief background of takings law under the Fifth Amendment of the Constitution with a focus on case law involving water rights. Parts III and IV review the history of the Estate of Hage case and focus on the recent Estate of Hage decision, including Judge Smith's logic for finding that there was a taking of water rights. In Part V, this Note analyzes …