Natural Resources Law Commons^™

Conservation, Regionality, And The Farm Bill, Jess R. Phelps

Maine Law Review

Over the past several Farm Bills, there has been a somewhat subtle shift in program design to better incorporate regional perspectives/localized areas of conservation concern into national conservation program delivery. The purpose of this Article is to specifically explore the various roles that regional considerations play in existing Farm Bill conservation programs and also consider whether further developments in this direction could result in more flexible program delivery, more effective partnerships, and ultimately, better conservation outcomes. To this end, section II will provide an overview of the history of the Farm Bill, from its origins to the emergence of a …

A Georgist Perspective Of Petroleum Taxation, Joseph Leeson

Indiana Journal of Global Legal Studies

Over a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership. This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George. George's public finance theory has been described as having received "intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of …

The Emergence Of Commercial Scale Offshore Wind: Progress Made And Challenges Ahead, Joseph B. Nelson, David P. Yaffe

San Diego Journal of Climate & Energy Law

This Article examines the offshore wind development process from leasing and permitting to electric power supply and interconnection. Willing developers may divide the process into three discrete, but not necessarily sequential, endeavors. First, the developer must secure a viable purchaser or market for the output. “Offshore wind energy” is a more complex commercial product than one might envision—it includes the actual electric energy produced, the electric generating capacity that is available to serve load, and both the environmental and clean energy attributes of wind energy. The environmental and clean energy attributes may have an economic and regulatory value separate from, …

Cybersecurity Paradigm Shift: The Risks Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J.K Sandoval

San Diego Journal of Climate & Energy Law

This Article contends that the Federal Communications Commission’s (FCC) January 2018 repeal of net neutrality rules created a “zero-day” cybersecurity vulnerability for the energy sector and other criti¬¬¬cal infrastructure. “A zero-day cybersecurity vulnerability is a previously unknown flaw in a computer program that exposes the program to external manipulation.” The flaw may also reside in compromised hardware that creates a “back door” into the internet-connected device. This Article argues that cybersecurity has been primarily viewed from a “hacker paradigm” that obscures systemic threats an Internet Service Provider (ISP) can create to energy reliability and cybersecurity through paid priority and other …

The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers

Indiana Journal of Global Legal Studies

"Space law," much like outer space itself, still remains largely un­navigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …

Book Review Of "River Of Lost Souls", Clifford J. Villa

Public Land & Resources Law Review

No abstract provided.

Briefing For Civil Society Organizations – Understanding Commercial Eucalyptus Plantations: How Do They Work And What Are Their Environmental Impacts?, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

If a company wants to use a community’s land for eucalyptus plantations, the community should think carefully about whether this is a good idea. Civil society organizations that support communities can use this briefing to help communities understand the potential environmental impacts the community should be aware of. The briefing explains plantation forestry and the life-cycle of eucalyptus tree plantations. It also notes the different possible negative environmental impacts of eucalyptus plantations before exploring how this information can be factored into community decision-making about a proposed eucalyptus plantation. While the briefing focuses on eucalyptus plantations, a lot of it will …

Conferring Legal Personality On The World's Rivers: A Brief Intellectual Assessment, Gabriel Eckstein, Ariella D'Andrea, Virginia Marshall, Erin O'Donnell, Julia Talbot-Jones, Deborah Curran, Katie O'Bryan

Faculty Scholarship

The following compilation is substantially reproduced and adapted from a series of essays that appeared in the blog of the International Water Law Project (www.inter nationalwaterlaw.org). The series was solicited in response to the unique recent phenomenon in which a number of courts and legislatures around the world have conferred legal personality on particular rivers. What resulted is a fantastic, thoughtprovoking and timely compilation.

In effect, various water bodies around the world have been accorded legal rights – some though legislative actions and others via judicial decisions – that in some jurisdictions, equate with those recognized in human beings. Although …

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

A Purchase Or A Loan? Rethinking The Transactions Private Equity-Backed Oil And Gas Companies Encounter In Uncharted Waters, Daniel Tavera

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Energy Litigation Update 2018, Mark D. Christiansen

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction And Front Pages, Veronica Threadgill

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-114

Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-47 (American Energy - Utica nka Ascent Resources - Utica; Henry LND GR Unit)

Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?", Tyler C. Costello

Ocean and Coastal Law Journal

The ocean offers what may seem like endless supply of natural resources, ecosystem services, or for some, simple enjoyment. Yet, in the face of climate change and overexploitation, many of these unique ecosystems and their inhabitants face an uphill battle. A president's use of the Antiquities Act establishing a national monument is an efficient and effective method of protecting these diverse ecosystems, as long as the area to be protected satisfies one of the Act's limitations that the monument be "situated on land owned or controlled by the federal government." Prior to a 2017 lawsuit concerning President Obama's use of …

Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten

Ocean and Coastal Law Journal

In Maine, the intertidal zone has seen many disputes over its use, access, and property rights. Recently, in Ross v. Acadian Seaplants, Ltd., the Maine Supreme Judicial Court, sitting as the Law Court, held that rockweed seaweed in the intertidal zone is owned by the upland landowner and is not part of a public easement under the public trust doctrine. The Court held harvesting rockweed is not fishing. This case will impact private and public rights and also the balance between the State's environmental and economic interests. This Comment addresses the following points: first, the characteristics of rockweed and the …

The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, Edward J. Sullivan

Ocean and Coastal Law Journal

While land use planning is pervasive in the United States, legal structures for the planning and management of ocean resources are less well known or studied. The passage of the federal Coastal Zone Management Act in 1972 provided federal funds for state planning and regulation of coastal areas, with the incentive of binding federal agencies to state and regulations plans certified by the Secretary of Commerce. Most of the focus of CZMA study has been on estuaries and coastal shorelands; much less focus has been on coastal waters. Regarding coastal waters, more attention is given to the three mile ocean …

Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

Ocean and Coastal Law Journal

This article offers perspective on how Alaska Native Villages (ANVs), which are small and rural indigenous communities, are adapting to changes in flooding and erosion. It considers which adaptations might be maladaptations and what might be done to facilitate adaptation short of relocating entire communities. It outlines the United States' legal framework applicable to flooding and erosion and considers why this framework may do little to assist ANVs and similarly situated small and rural communities. Findings regarding adaptation strategies and obstacles are drawn from my Ph.D. research, which involved a review of plans for fifty nine ANVs and 153 interviews …

Financial Assurance For Hardrock Mining: Epa And Cercla, Braden Murphy

Notre Dame Law Review

Hardrock mining operators are required to perform reclamation activities, primarily as a matter of state law. To ensure funds will be available to perform reclamation in the event an operator defaults on its obligations and declares bankruptcy, financial assurance requirements have emerged. Apart from limited federal regulations (which govern only federal lands), state laws and regulations comprise the universe of financial assurance requirements. In several cases, existing requirements have proven grossly insufficient, and taxpayers have been forced to bear cleanup costs. Many congressional bills have emerged in the past three decades to establish comprehensive federal legislation for hardrock mining and …

Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig

Utah Law Faculty Scholarship

Worldwide, as wild-caught commercial fisheries plateau and human demands for protein increase, marine aquaculture is expanding. Much marine aquaculture is inherently adaptable to changing climatic and chemical conditions. Nevertheless, siting of marine aquaculture operations is subject to competing environmental, economic, and social demands upon and priorities for ocean space, while some forms of marine aquaculture can impose other externalities on marine systems, such as pollution from wastes (nutrients) and antibiotics, consumption of wild fish as food, and introduction of non-native or genetically modified species. As a result, governmental policy decisions to promote both marine aquaculture that can adapt to a …

Modelling For Sustainable Development: New Decisions For A New Age, Andrea M. Bassi, Liesbeth Casier, David Laborde, Max Linsen, David Manley, Nicolas Maennling, Howard Mann, Morten Siersted, Carin Smaller, Iain Steele, David Uzsoki, Johnny West

Columbia Center on Sustainable Investment Books

This book outlines how next-generation models need to integrate social and environmental components in government and corporate decision-making. Traditionally, these models have focused on profits and taxes, but to achieve the UN’s Sustainable Development Goals, they need to take a more holistic view. The book builds on the expanding practices of modelling complex decision making requirements and indicators. It considers the challenges of decision making in the face of incomplete and sometimes inaccurate information, the role of multiple stakeholders, and the capacity of governments and others to use models effectively.

Violations Abound: The Control Of Water Pollution Liability In Eqt Production Company V. Department Of Environmental Protection Of The Commonwealth, Christopher Regan

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Bridge Over Troubled Waters? Ninth Circuit Makes Waves Refusing To Narrow Clean Water Act In Hawaii Wildlife Fund V. County Of Maui, Allison R. White

Villanova Environmental Law Journal (1991 - )

No abstract provided.

“100 Percent Renewable”: Company Pledges And State Energy Law, Uma Outka

Utah Law Review

Corporate demand for clean power emerged with new force and influence in postelection energy policy. As the Trump Administration decisively reemphasized fossil fuels, leading companies countered by pledging to power their operations with renewable energy. This Article assesses recent regulatory reforms at the state level responsive to these corporate pledges and considers the barriers and opportunities the reforms present for companies, for states, and for emissions reduction goals. It traces how corporate energy purchasing has evolved and how new policy innovations are extending that trajectory across a growing number of states. With a focus on reforms expanding access to renewable …

When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth

Cleveland State Law Review

The Clean Water Act requires that a permit be obtained before discharging pollutants into bodies of water in the United States. In Ohio, these permits are issued by the Ohio Environmental Protection Agency. But in 2002, after growing pressure from agriculture lobbyists, the Ohio Legislature passed legislation to transfer permitting authority over industrial farms to the Ohio Department of Agriculture. To date, this transfer has not been approved by the United States Environmental Protection Agency (EPA). The U.S. EPA has demanded legislative and regulatory changes before it will grant the Ohio Department of Agriculture (ODA) permitting authority. Concerned citizens and …

Legal Mechanisms For Mitigating Flood Impacts In Texas Coastal Communities, Philip Bedford, Alexis Long, Thomas Long, Erin Milliken, Lauren Thomas, Alexis Yelvington

EENRS Program Reports & Publications

Flooding is a major source of concern for Texas’ coastal communities. It affects the quality of infrastructure, the lives of citizens, and the ecological systems upon which coastal communities in Texas rely. To plan for and mitigate the impacts of flooding, Texas coastal communities may implement land use tools such as zoning, drainage utility systems, eminent domain, exactions, and easements. Additionally, these communities can benefit from understanding how flooding affects water quality and the tools available to restore water bodies to healthy water quality levels. Finally, implementing additional programs for education and ecotourism will help citizens develop knowledge of the …

Juliana V. United States, Daniel Brister

Public Land & Resources Law Review

In 2015, a group of adolescents between the ages of eight and nineteen filed a lawsuit against the federal government for infringing upon their civil rights to a healthy, habitable future living environment. Those Plaintiffs in Juliana v. United States alleged that the industrial-scale burning of fossil fuels was causing catastrophic and destabilizing impacts to the global climate, threatening the survival and welfare of present and future generations. Seeking to reduce the United States’ contributions to atmospheric carbon dioxide, Plaintiffs demanded injunctive and declaratory relief to halt the federal government’s policies of promoting and subsidizing fossil fuels, due to the …

Appalachian Voices V. State Water Control Board, Thomas C. Mooney-Myers

Public Land & Resources Law Review

The Virginia State Water Control Board certified the issuance of permits for the construction of a natural gas pipeline that traversed over 300 miles of Virginia in addition to other states. Local environmental groups and individuals petitioned the Fourth Circuit to review the certification under the Administrative Procedure Act. The Fourth Circuit Court of Appeals gave deference to the agency’s actions and denied the petition for review.

Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh

Michigan Journal of Environmental & Administrative Law

The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development often yields the most tenacious of conflicts between public interests …

The Niobrara National Scenic River: Exploring Co-Management Through A Case Study Of The Niobrara Council, Melissa M. Mosier

School of Natural Resources: Dissertations, Theses, and Student Research

In recent decades, government staff and local citizens have increasingly employed cooperative schemes of natural resource management, in lieu of more conventional, top-down approaches of addressing user conflicts as they relate to water resources. The focus of this project was on the Niobrara Council, a partnership of local, state, and federal representatives charged with cooperatively managing the reach of the Niobrara River that was federally designated under the Wild and Scenic Rivers Act in 1991. The project's purpose was to explore the cooperative framework of the Council, using the methodology outlined by Carlsson and Berkes (2005). This methodology involved investigating …