Natural Resources Law Commons^™

An Economic Theory Of Infrastructure And Commons Management, Brett M. Frischmann

ExpressO

In this article, Professor Frischmann combines a number of current debates across many disciplinary lines, all of which examine from different perspectives whether certain resources should be managed through a regime of private property or through a regime of open access. Frischmann develops and applies a theory that demonstrates there are strong economic arguments for managing and sustaining openly accessible infrastructure. The approach he takes differs from conventional analyses in that he focuses extensively on demand-side considerations and fully explores how infrastructure resources generate value for consumers and society. As a result, the theory brings into focus the social value …

Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Agenda includes summaries of speakers' presentations

Workshop held May 12-13, 2004 at the University of Colorado School of Law and sponsored by the Natural Resources Law Center with support from the William and Flora Hewlett Foundation, BP America and Calpine Corporation

Government agencies, industry and others are beginning to apply the concepts of best management practices and adaptive management to oil and gas development. This free workshop will examine what is going on in the Rocky Mountain Region with these innovative management approaches. This timely workshop will be kicked off with a presentation on the Western Governors' Association Coalbed Methane …

Assessing The Options For Designing A Mandatory U.S. Greenhouse Gas Reduction Program, Robert R. Nordhaus, Kyle W. Danish

ExpressO

The United States faces growing pressure – both from domestic and international sources – to adopt a mandatory greenhouse gas reduction program to address the risk of global climate change. If policy-makers decide to establish such a program, they could end up creating an environmental regulatory regime of potentially unprecedented scope and impacts. A domestic greenhouse gas program could break ground in other ways too. Many policy-makers are considering innovative market-based approaches to regulation, including a multi-billion dollar economy-wide “cap-and-trade” program. In this paper, we: (1) set forth criteria for evaluating program options; (2) analyze the leading design options and …

Environmental Law, Lisa Spickler Goodwin

University of Richmond Law Review

No abstract provided.

Keynote Address, John Watts

Coalbed Methane Development in the Intermountain West (April 4-5)

5 pages.

Adjucating Sustainability: New Zealand's Environment Court, Bret C. Birdsong

Scholarly Works

New Zealand's Resource Management Act of 1991 (“RMA”) placed the island nation on the world's cutting edge of environmental management by making sustainability the law of the land. The RMA also presents an opportunity to examine a less heralded New Zealand innovation in environmental governance: a specialized, expert court that is focused exclusively on resolving environmental disputes. The Environment Court is a critical institution in New Zealand's effort to move toward sustainable management of the environment. Exercising broad powers to review most of the fundamental issues arising under the RMA, the Court is the primary arbiter of whether activities and …

Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau

Northwestern Journal of International Law & Business

In Colombia, as in many other countries with oil reserves potential, the government has sought to reduce the activity's inherent high degree of un-certainty by shaping the legal and economic environment that foreign com-panies have to operate in, making it more profitable and attractive for them.16 This paper seeks to accurately represent this environment to the pro-spective investor, starting with the structures of the two basic transactions, referred to herein as "modes", through which most commonly, foreign com-panies participate in the oil industry in Colombia, namely, the Standard As-sociation Mode ("S.A.M") and the Risk Sharing Mode ("R.S.M.").17 The contractual agreements …

Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

1 v. (various pagings) : ill., maps, charts ; 29 cm

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Lawrence J. MacDonnell, Kathryn M. Mutz and Charles F. Wilkinson

Includes bibliographical references

The event will examine the principal problem-solving strategies in western water law and policy: courts, coercion and collaboration. In addressing this broad range of strategies, the program will focus on national, west-wide and Colorado-specific issues.

Conference activities will commence with a free public program cosponsored by the Center of …

Sustainability: Myth And Reality, Kai Lee

Sustainable Use of the West's Water (Summer Conference, June 12-14)

23 pages (includes illustrations).

Contains references.

To Manage Quotas Or Manage Fisheries? The Root Cause Of Mismanagement Of Canada's Groundfish Fishery, Peter Underwood

Dalhousie Law Journal

The collapse of the Atlantic groundfish fishery is the result of a complex combination of factors including scientific uncertainties, overfishing, poor results in capacity control, and ecological conditions. It is argued that the root cause of the collapse is that the foundation of groundfish management since 1977 has been single species quotas rather than a sound set of principles for fisheries resource husbandry. The implications of this for science, management, and the fish are discussed and a principle based management structure is proposed.

Preface, Dawn A. Russell, Moira L. Mcconnell

Dalhousie Law Journal

As guest editors we are privileged to have the opportunity to create this special edition of the Dalhousie Law Journal. It is special for a number of reasons. First, the contributions reflect a specific decision on our part to explore the nature and meaning of events being experienced in Atlantic Canada's fishery from a variety of perspectives, of which law, traditionally privileged in law journals for its explanation of events, is perhaps the least important. Secondly the authors, many of whom are people who would not ordinarily write for legal publications, were given express carte blanche to contribute "think pieces" …

Background Material On The Colorado Grazing Roundtable, William E. Riebsame

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

10 pages.

Contains endnotes.

Book Review, Cynthia Dash

RISK: Health, Safety & Environment (1990-2002)

Review of: DONALD C. LEE, TOWARD A SOUND WORLD ORDER: A MULTIDIMENSIONAL HIERARCHICAL ETHICAL THEORY. (Greenwood Press 1992). [240 pp.] Bibliography, index, notes, preface. LC: 91-440942; ISBN:0-313-27903-9. [Cloth $42.95. P.O. Box 5007, Westport CT 06881.]

Toward A Sustainable Maine : The Politics, Economics, And Ethics Of Sustainability, Richard Barringer (Ed.)

Maine Collection

Toward A Sustainable Maine : The Politics, Economics, and Ethics of Sustainability

Richard Barringer, editor, Professor Emeritus at the University of Southern Maine

Edmund S. Muskie Institute of Public Affairs, University of Southern Maine, Portland, Maine, 1993.

The proceedings of a conference presented at Bowdoin College on March 19 and 20, 1993, by the Edmund S. Muskie Institute of Public Affairs at the University of Southern Maine, and by the Natural Resources Council of Maine. Ellen Baum, conference organizer.

Contents; Foreword by Richard Barringer / Welcome by Everett Carson / Global, Canadian, and Maine Perspectives / Sustaining Our Natural and …

Developing The 1990 Texas Water Plan: A Coordinated Circus, Tommy Knowles

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

14 pages.

Shifting Water To Urban Uses: Activities Of The Metropolitan Water District Of Southern California, Timothy H. Quinn

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

36 pages.

Contains references.

The Medical Waste Tracking Act Of 1988: An Analysis Of Its Provisions And Its Effect On New York State, Laurence D. Granite

Touro Law Review

No abstract provided.

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …

The Process Of Decision-Making In Tribal Courts, Tom Tso

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.

Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

Proceedings of the Sino-American Conference on Environmental Law (August 16)

On August 16 through 18, 1987 a delegation of 10 Americans met with a 14-member Chinese delegation to compare the systems of environmental law in the two countries. The meetings were held on and near the campus of the University of Peking in Beijing, People's Republic of China. This program was the fruition of nearly three years of discussion, planning, and organization involving Dean Betsy Levin and the Natural Resources Law Center.

The keynote speaker was Qu Geping, Director of the Chinese National Environmental Protection Bureau (comparable to the Administrator of the U.S. Environmental Protection Agency). He spoke of the …

Lands Of Brighter Destiny: The Future Of The Public Lands, Elizabeth Darby Junkin

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

4 pages.

Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Surface Mining In Kentucky, Carolyn S. Bratt

Law Faculty Scholarly Articles

In 1977, Congress enacted the Surface Mining Control and Reclamation Act. The Act, designed to protect the environment and society from the adverse effects of surface coal mining and to insure uniform minimum nationwide regulatory standards, established a comprehensive regulatory scheme for surface mining and reclamation operations of both federal and non-federal lands within the United States.

The Secretary of the Interior, acting through the Office of Surface Mining and Reclamation within the Department of the Interior, is charged with administering and implementing the Act. Implementation is divided into two stages. During the initial, or interim phase, all surface mining …

The Washington Forest Practices Act: When Is Compliance With Sepa Required?, Christine M. Cordes

Seattle University Law Review

This comment analyzes the problems created by the Forest Practices Act’s scheme for environmental review. First, the comment examines the statutory definitions of the forest practices classes, determining which forest practice classes are within the scope of SEPA review under the FPA. Second, the comment discusses the effect of the 1981 State Environmental Policy Act amendment on the types of forest practices exempt from SEPA. The comment further points out the failure of the existing forest practices regulations to achieve the policy balance required by the FPA. The comment’s conclusion is two-fold: the Classic “U” holding best represents the legislature’s …

Reclaiming Coal Surface Mines In Central Appalachia: A Case Study Of The Benefits And Costs, Richard C. Ausness, Alan Randall, Oren Grunewald, Sue Johnson, Angelos Pagoulatos

Law Faculty Scholarly Articles

Regulatory alternatives for the surface mining industry have come under intense public and political scrutiny in recent years. Recent studies have found that the impacts of federal surface mine reclamation regulations' will be noticeable, but perhaps not as substantial as some had expected. Nationwide, coal production from surface mines would be reduced by about five percent, with a similar increase in underground coal production. The federal reclamation legislation, depending on the regulations eventually adopted for its implementation, is unlikely to be a major disruptive influence in the coal industry or a substantial impediment to the long-run national goal of increased …