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Natural Resources Law Commons

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2011

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Institution
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Articles 121 - 124 of 124

Full-Text Articles in Natural Resources Law

Legal Considerations Relating To The Development Of Hydroelectric Facilities Within Rhode Island, Scott R. Gunst Jr. Jan 2011

Legal Considerations Relating To The Development Of Hydroelectric Facilities Within Rhode Island, Scott R. Gunst Jr.

Sea Grant Law Fellow Publications

No abstract provided.


Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas Jan 2011

Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas

Publications

This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.

This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …


David H. Getches: 1942-2011, James N. Corbridge Jr. Jan 2011

David H. Getches: 1942-2011, James N. Corbridge Jr.

Publications

No abstract provided.


Proving Natural Resource Damage Under Opa 90: Out With The Rebuttable Presumption, In With Apa-Style Judicial Review?, Craig H. Allen Jan 2011

Proving Natural Resource Damage Under Opa 90: Out With The Rebuttable Presumption, In With Apa-Style Judicial Review?, Craig H. Allen

Articles

In the aftermath of the Deepwater Honrzon oil spill of 2010, Prsident Obama uged Congess to amend the natural resource damage provisions of the Oil Pollution Act of 1990 to replace the rebuttable presumption of validity the law presently accords to damage assessments by the designated natural resource trustees that were conducted in accordance with regulations promulgated by the National Oceanic and Atmosphenc Administration with the standard of judicial review prescrbed by the Administrative Procedures Act (APA). Although the House of Representatives passed such an amendment in 2010, the Senate failed to act on the amendment before the 111th congressional …