Natural Resources Law Commons^™

The Implications Of Rolling Easements And Transferred Development Rights In New Hampshire And Rhode Island, Kaitlyn E. Cox

Sea Grant Law Fellow Publications

No abstract provided.

Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman

Sea Grant Law Fellow Publications

No abstract provided.

Increasing Infrastructure's Resiliency To Global Climate Change Effects: Seeking Non-Traditional Federal Partnerships In Rhode Island's Coastal Beach Zones, James Mcmahon

Sea Grant Law Fellow Publications

No abstract provided.

Newport Harborwalk Public Access Issues, Nicholas Paine

Sea Grant Law Fellow Publications

No abstract provided.

Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas

Publications

Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, particularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …

The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning

Natural Resources Journal

No abstract provided.

Looking Beyond The Bang For More Bucks: A Legislative Gift To Fund Wildlife Conservation On Its 75th Anniversary, Katie Spidalieri

Cleveland State Law Review

The concept of hunter-supported wildlife conservation behind the Pittman-Robertson Act has been termed the North American Model of Wildlife Conservation. Since 1937, the Pittman-Robertson Act and this unique Model have been recognized as “the oldest and most successful wildlife management program in the nation’s history."This Note will argue that the government’s historical preoccupation with hunting overlooks the potential to extend the Model’s reach to the great outdoor industry prevalent in America. Specifically, the Model can be resuscitated if additional categories of outdoorsmen, like campers, hikers, and birdwatchers, are included as financial stakeholders in wildlife conservation. To broaden the conservation tax …

Fire Losses And Conflicting Judicial Rulings Over Whether Property Insurers Must Indemnify Insureds And Pay Third-Party Claims - Some Implications For Wildfire Litigation In Texas's Courts, Willy E. Rice

Faculty Articles

Wildfires in Texas have generated two interrelated questions: (1) whether insurers have a duty to indemnify residential and commercial property owners if a wild forest, brush, grass, or prairie fire destroys homeowners' property in Texas, and (2) whether insurers have a duty to pay or settle third-party claims in Texas if a property owner starts a fire on her property, which evolves into a wildfire and destroys a third party's residential or commercial property.

The Role Of International Law In Intrastate Natural Resource Allocation, Lillian A. Miranda

Vanderbilt Journal of Transnational Law

State natural resource development projects have become sites of intense political, social, and cultural contestation among a diversity of actors. In particular, such projects often lead to detrimental consequences for the empowerment, livelihood, and cultural and economic development of historically marginalized communities. This Article fills a gap in the existing literature by identifying and analyzing emerging international law approaches that impact the intrastate allocation of land and natural resources to historically marginalized communities, and thereby, carve away at states' top-down decision-making authority over development. It argues that while international law may have only been originally concerned with the allocation of …

Valuing Art In An Estate: New Concerns, Anne-Marie Rhodes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

California's War Over The Bay-Delta: Historic Failures And Current Battles, Jessica J. Mao

CMC Senior Theses

California has one highly-coveted possession: the Bay-Delta, which is the second largest estuary in the United States. Today, tensions are higher than ever as Southern California continues to grow and demand water from the Delta, agriculture suffers from drought and less-than-promised water allocations, and aquatic life diminishes due to environmentally damaging processes like pumping and exporting of water elsewhere. This paper will examine the historic policies that have shaped how the Delta has been managed, their successes and failures, and current plans in discussion for continuing improvement of the Delta. The Bay-Delta Conservation Plan and the Sacramento-San Joaquin Valley Water …

Wilderness, Water, And Climate Change, Sandra B. Zellmer

Faculty Law Review Articles

As the nation searches for climate mitigation and adaptation strategies, the pressure to develop water resources within wilderness areas and to exploit the timber, forage, wildlife, fish, and other virtually untapped components of wilderness will become more acute. This Article makes the case that managers and legislatures should not yield to this pressure and argues that, if anything, the need to preserve untrammeled wilderness characteristics is just as imperative today as it was in 1964 when the Wilderness Act was passed The Article examines the potency of the Wilderness Act and a trio of federal water law doctrines-federally reserved water …

State And Local Responses To Climate Change Through Hazard Adaptation Measures: White Paper Synthesizing Innovative State And Local Climate Change Adaptation Strategies, Marine Affairs Institute, Roger Williams University School Of Law

Sea Grant Law Fellow Publications

No abstract provided.

The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme

Sea Grant Law Fellow Publications

No abstract provided.

The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann

Articles

When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated the environmental …

A Risky Business: Generation Of Nuclear Power And Deepwater Drilling For Offshore Oil And Gas, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Government regulation and licensing of industrial activities that create the possibility of catastrophic risk reflect “a political value judgment that these activities provide a social benefit that is greater than the social cost of the risks that they cause.” However, when a catastrophic accident occurs, the cost-benefit evaluations underlying the value judgment that authorized the activity may need to be rethought. Social rethinking is especially warranted when the accident could have been prevented had either the industry or the government more seriously assessed the risk of a catastrophic event and implemented precautionary steps to avoid it. This was the conclusion …

Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler

Faculty Publications

Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This Essay presents an alternative view. Specifically, this Essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case for greater reliance on property rights and market institutions to address …

The Water Marketing Solution, Mark Squillace

Publications

No abstract provided.

Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis

Publications

No abstract provided.

A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho

BYU Law Review

No abstract provided.

Appeal No. 0832: Meridian Energy Company, Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-01 (Schloss-Hans Well #1)

Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz

Buffalo Environmental Law Journal

The Marcellus Shale natural gas play is largely considered a "game changer" for the US. energy sector as recent technological breakthroughs in drilling techniques and technologies have made natural gas extraction from this massive play commercially viable. This note not only examines the primary driving forces behind the development of this pla, but also how the extent and pace iwith ihich it is developed will affect doinstream energy markets. In particular three categories of factors are evaluated: legal challenges, regulatory controls, and infrastructure development. Tiwo models of growth and their effect on downstream markets are then proposed and analyzed.

Scratching The Surface: Does New York's Public Trust Law Prevent Subsurface Access To Natural Gas Below Parkland In The Marcellus Shale?, Susan J. Kraham, Lisa K. Perfetto

Buffalo Environmental Law Journal

The origins of the public trust doctrine ma} be traced back to Roman laiw. The Institutes qf Justinian state: "By the lav of nature these things are common to all mankind - the air running water the sea, and consequently the shores of the sea. " The traditional scope of the public trust doctrine in the United States affirms the public right to use waters for navigation, fishing, and commerce. The precise expression of the doctrine varies from state to state because each state is responsible for applying the public trust doctrine within its borders. New York applies the doctrine …

The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho

Buffalo Environmental Law Journal

Hydraulic fracturing has driven a boom in natural gas production in the Marcellus Shale. While providing a growing source of domestic energy, this boom also raises signicant environmental concerns. Many of the impacts of hy draulic fracturing predominantly affect the inhabitants of the property where the drilling occurs. Yet when those inhabitants own only the surface estate, they have relatively little influence over whether and how the drilling occurs and will not profit from the gas extraction. This article provides a jurisdictional case stud4 set in West Virginia to assist in understanding the nuances relevant to an interpretation of the …

Between Huntley And Salem: The Current State Of Municipal Authority In Pennsylvania To Affect Gas Drilling Through Zoning, Dan Raichel

Buffalo Environmental Law Journal

This article examines the scope of Pennsylvania is preemption of municipal authority to zone natural gas drilling activities in light of two relatively recent Pennsylvania Supreme Court decisions interpreting the Pennsylvania Oil and Gas Act and its local ordinance preemption provision. Although these cases define outer boundaries of permissible municipal regulation along the spectrum uf/possible zoning controls - i.e. what types ofordinance provisions would be either definitively permitted or preempted - substantial questions remain as to what extent a municipality may use traditional zoning power to zone gas drilling activities. This paper explores those grey areas, and attempts to assess …

Living In Perfect Harmony: Harmonizing Sub-Artic Co-Management Through Judicial Review, Sari Graben

Osgoode Hall Law Journal

To foster the participation of Aboriginal peoples in resource governance, the Government of Canada has recently restructured a number of administrative regimes, converting them into institutions of co-management. Despite this restructuring, the degree to which Aboriginal peoples’ participation can influence the regulatory output of co-management boards remains uncertain in law. This article deconstructs one interpretive method that can impact participation in co-management regimes: harmonization. Drawing on a trilogy of cases, I argue that recent judicial efforts to harmonize the Mackenzie Valley Resource Management Act with its predecessor, the Canadian Environmental Assessment Act, can limit the regional interpretive differences that Aboriginal …

Restoring Restitution: The Role Of Proximate Causation In Child Pornography Possession Cases Where Restitution Is Sought, Dennis F. Dibari

Cardozo Law Review

No abstract provided.

Earth Jurisprudence And Lockean Theory: Rethinking The American Perception Of Private Property, Traci Lynne Timmons

Environmental and Earth Law Journal (EELJ)

Earth Jurisprudence and Lockean Theory

Abstract by Traci Lynne Timmons

Thomas Berry, father of the Earth Jurisprudence movement, called for re-examining human-Earth relations. Earth Jurisprudence aspires to promote a greater respect for nature and all living things on Earth, aiming to intertwine Earth’s natural law with the body of law that governs humanity. This paper explores Earth Jurisprudence as an alternative to the property regime in the United States. It examines the fundamental principles of property ownership, frequently attributed to the philosophy of John Locke, but digs deeper into these “Lockean” roots to reveal important caveats to Locke’s general principles …

Appeal No. 0834: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-40 & 2011-05

Appeal No. 0833: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-40 & 2011-05