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Natural Resources Law Commons

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2011

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Articles 91 - 120 of 124

Full-Text Articles in Natural Resources Law

Taxation Of Unmined Coal In Kentucky, Jesse M. Parrish Jan 2011

Taxation Of Unmined Coal In Kentucky, Jesse M. Parrish

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Problem Of Environmental Monitoring, Eric Biber Jan 2011

The Problem Of Environmental Monitoring, Eric Biber

University of Colorado Law Review

Environmental law depends on the regular collection of accurate information about the state of the natural environment ("ambient monitoring") in order to assess the effectiveness of current regulatory and management policies and to develop new reforms. Despite the central role that ambient monitoring plays in environmental law and policy, the scholarly literature has almost ignored the question of whether and how effective ambient monitoring will take place-even though there is ample evidence that our current ambient monitoring data have extensive gaps and significant flaws. Moreover, the importance of ambient monitoring will only increase in the future with the shift to …


Conservation Easements At The Climate Change Crossroads, Jessica Owley Jan 2011

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Articles

No abstract provided.


The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine A. Klein Jan 2011

The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine A. Klein

UF Law Faculty Publications

Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska ex rel. Douglas. Determining that groundwater is an article of commerce, the Court held invalid under the dormant Commerce Clause a provision of a Nebraska statute limiting water export. The issue has again come into the national spotlight, as the Tarrant Regional Water District of Texas has challenged Oklahoma legislation limiting water exports, and as Wind River L.L C …


Three Meta-Lessons Government And Industry Should Learn From The Bp Deepwater Horizon Disaster And Why They Will Not, Alyson C. Flournoy Jan 2011

Three Meta-Lessons Government And Industry Should Learn From The Bp Deepwater Horizon Disaster And Why They Will Not, Alyson C. Flournoy

UF Law Faculty Publications

There are many law and policy lessons to be learned from the BP Deepwater Horizon disaster and its aftermath. Some are lessons specific to the BP oil well blowout. Regrettably, Congress has failed to enact even these critical reforms, although some important regulatory reforms have been adopted. This Article focuses on three broader lessons that this disaster should also teach, but that are very unlikely to be learned; lessons that could help to reduce the risk of future disasters. These meta-lessons suggest the need to: (1) learn from the next disaster—not the last one; (2) learn from the blueprint of …


Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley Jan 2011

Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley

Articles

No abstract provided.


Images Of Force: The Power Of Maps In Community Development, Jill M. Fraley Jan 2011

Images Of Force: The Power Of Maps In Community Development, Jill M. Fraley

Scholarly Articles

Recent trends in critical geography have drawn attention to the secret political lives of maps. Beneath a veneer of abstraction and scientific neutrality, maps are deeply political devices, embedding within them perspectives on what is important in a community, what are assets and what are liabilities, what is central and what is marginal. By drawing on the historical example of the mapping work of the Tennessee Valley Authority in the United States, this article examines the power of maps in community development, land use planning and natural resource allocation. This examination yields a lesson in the significance of the maps …


Enforcing The Rules: Government And Citizen Oversight Of Mining, Erin Smith, Peter Rosenblum Jan 2011

Enforcing The Rules: Government And Citizen Oversight Of Mining, Erin Smith, Peter Rosenblum

Human Rights Institute

In recent history, mining has failed to deliver many of the benefits citizens expect, particularly in poorer nations rich in natural resources and high in hopes. Many of the reasons remain unclear. In some cases, the problem is linked to bad deals with mining companies. But no matter the quality of the deal, other problems arise from failure to effectively monitor and enforce the existing obligations. This report examines the monitoring of mining obligations, characterizes the main gaps, identifies policy options and good practices, and proposes practical ways for both government and civil society to improve monitoring and enforcement.


Legal And Commercial Models For Pore-Space Access And Use For Geologic Co2, R. Lee Gresham, Owen L. Anderson Jan 2011

Legal And Commercial Models For Pore-Space Access And Use For Geologic Co2, R. Lee Gresham, Owen L. Anderson

Faculty Articles

No abstract provided.


Lord Coke, The Restatement, And Modern Subsurface Trespass Law, Owen L. Anderson Jan 2011

Lord Coke, The Restatement, And Modern Subsurface Trespass Law, Owen L. Anderson

Faculty Articles

No abstract provided.


Blowout: The Legal Legacy Of The Deepwater Horizon Catastrophe. Background Document On Natural Resource Damages, Nicholas Paine Jan 2011

Blowout: The Legal Legacy Of The Deepwater Horizon Catastrophe. Background Document On Natural Resource Damages, Nicholas Paine

Sea Grant Law Fellow Publications

No abstract provided.


Examination Of The Federal Consistency Provision Of The Coastal Zone Management Act In Rhode Island, William Yost Jan 2011

Examination Of The Federal Consistency Provision Of The Coastal Zone Management Act In Rhode Island, William Yost

Sea Grant Law Fellow Publications

No abstract provided.


Massachusetts Town Bylaws As They Relate To Restricting Or Conditioning Human Activities In And Around Eelgrass Beds, Benjamin J. Goetsch Jan 2011

Massachusetts Town Bylaws As They Relate To Restricting Or Conditioning Human Activities In And Around Eelgrass Beds, Benjamin J. Goetsch

Sea Grant Law Fellow Publications

No abstract provided.


Legal Considerations For Possible Noise Ordinances For Newport Harbor, Kristen Bonjour Jan 2011

Legal Considerations For Possible Noise Ordinances For Newport Harbor, Kristen Bonjour

Sea Grant Law Fellow Publications

In this report prepared for the Newport Waterfront Commission by the Marine Affairs Institute at the Roger Williams University School of Law, current and prospective noise ordinances in the city of Newport, RI are examined, and the legal precedents and management tools to create harbor-specific noise ordinances are discussed.


Federal And State Laws Regarding The Implementation Of Land Based Wind Power Development In Rhode Island, Brandon Biggs Jan 2011

Federal And State Laws Regarding The Implementation Of Land Based Wind Power Development In Rhode Island, Brandon Biggs

Sea Grant Law Fellow Publications

No abstract provided.


Offshore Wind Development On The Eastern United States Coast And Its Impacts On Commercial Fishing, Kristen Bonjour Jan 2011

Offshore Wind Development On The Eastern United States Coast And Its Impacts On Commercial Fishing, Kristen Bonjour

Sea Grant Law Fellow Publications

No abstract provided.


Newport's Mooring Regulations: Legal And Policy Analysis, Jenna Algee Jan 2011

Newport's Mooring Regulations: Legal And Policy Analysis, Jenna Algee

Sea Grant Law Fellow Publications

The legal and policy issues facing Newport as it revises and implements its ordinances are numerous. Most of the issues have not been squarely resolved for Rhode Island. While Newport may take guidance from other states, it will be Rhode Island's task going forward to define the reach of its Public Trust Doctine as applied to some novel issues raised by mooring administration. The benefit of the flexibility of the PTD is allowing smaller units of government like Newport to define their regulatory goals based on a locally-tailored balancing test of competing interests facing scarce ocean resources. This report was …


Utilizing Rhode Island's Landfills And Brownfields For Solar Energy Development, Sarah Parker Jan 2011

Utilizing Rhode Island's Landfills And Brownfields For Solar Energy Development, Sarah Parker

Sea Grant Law Fellow Publications

No abstract provided.


Too Much Oil For The Rubber-Stamp: The Government's Role In The Bp Oil Spill, Jaclyn Lopez Jan 2011

Too Much Oil For The Rubber-Stamp: The Government's Role In The Bp Oil Spill, Jaclyn Lopez

Florida A & M University Law Review

No abstract provided.


Climate Policy & U.S.-China Relations, Jason J. Czarnezki Jan 2011

Climate Policy & U.S.-China Relations, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

The Chinese stance, that no cap on carbon emissions will ever exist no matter how high, may be a product of China's belief in a cold and hard, and potentially true, reality-that global economic power is paramount and will provide the only avenue to adapt to an inevitable climate crisis, as well as achieve the milestones of superpower status, many of which they have already achieved (e.g., Olympic Games, World Expo, United Nations Security Council). While China's policy remains problematic, as is United States' failure to lead in the international community on the issue of climate change, China's actions, while …


The Due Diligence Process And Its Impact On The Deal: A Primer On Bayoneting The Wounded, Alex Ritchie, A. John Davis Jan 2011

The Due Diligence Process And Its Impact On The Deal: A Primer On Bayoneting The Wounded, Alex Ritchie, A. John Davis

Faculty Scholarship

In earlier times of more rationale schedules, reasonable billing rates, and less client scrutiny over bills and efficiency, an associate could learn due diligence with a partner looking over her shoulder, offering wisdom and encouragement. In the modern age of instantaneous information, excessive billing rates, and unrealistic expectations, transactional firms devote too little attention to due diligence processes and training. The stresses, tensions and risks associated with due diligence only multiply in the context of the big deal – the high-stakes, all-asset, equity and merger transactions. This article seeks to provide insight into the due diligence process, particularly the big …


New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina Jan 2011

New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina

Water Matters!

This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.


2010 Annual Symposium: Keynote Speech, Joseph A. Siegel Jan 2011

2010 Annual Symposium: Keynote Speech, Joseph A. Siegel

Cardozo Journal of Conflict Resolution

Thank you very much to the Board of the Cardozo Journal of Conflict Resolution for inviting me here today. I am honored to be speaking at this conference and participating in an event with so many distinguished experts in the conflict resolution field. I spend most of my time working on the challenging issue of climate change and, as we all know, energy is both a significant part of the problem and a significant part of the solution. I often have the opportunity to speak at and attend conferences on climate and energy and I like to monitor over time …


The Enforceability Of Exacted Conservation Easements, Jessica Owley Jan 2011

The Enforceability Of Exacted Conservation Easements, Jessica Owley

Articles

No abstract provided.


Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain Jan 2011

Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain

Publications

This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …


Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein Jan 2011

Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein

Faculty Scholarship

Transboundary aquifers found along the 2,000 mile-long border between Mexico and the United States are not governed by any treaty. Yet, these aquifers are the primary source of water for many of the twelve million people who live in this parched region. The region’s groundwater, however, is being over-exploited and contaminated, which is threatening the very life that it currently sustains. As populations continue to expand and current rates of haphazard development persist, the absence of an agreement for the management and allocation of this critical resource could lead to bi-national economic, social and environmental tragedies. This study reviews groundwater …


Introduction To The Iachr Report On Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton Jan 2011

Introduction To The Iachr Report On Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton

American Indian Law Review

No abstract provided.


Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Inter-American Commission On Human Rights Jan 2011

Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Inter-American Commission On Human Rights

American Indian Law Review

No abstract provided.


The Use Of The National Marine Sanctuaries Act As A Tool For The Enhanced Preservation Of Marine Resources Under The New National Oceans Policy, Colin F. Lynch Jan 2011

The Use Of The National Marine Sanctuaries Act As A Tool For The Enhanced Preservation Of Marine Resources Under The New National Oceans Policy, Colin F. Lynch

Sea Grant Law Fellow Publications

No abstract provided.


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.