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Full-Text Articles in Natural Resources Law

Recent Developments In Natural Resources Law-2011 Update, Thomas A. Daily Feb 2011

Recent Developments In Natural Resources Law-2011 Update, Thomas A. Daily

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Highways, Freemasons, And Graveyards, Oh My! Solving Uncommon Leasing Problems, J. Mark Robinette Jr. Feb 2011

Highways, Freemasons, And Graveyards, Oh My! Solving Uncommon Leasing Problems, J. Mark Robinette Jr.

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Ethics In The Oil Patch… Or A Review Of Random Things I Read About So You Wouldn't Have To, G. Michael Millar Feb 2011

Ethics In The Oil Patch… Or A Review Of Random Things I Read About So You Wouldn't Have To, G. Michael Millar

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


The Texas Wind Estate: Wind As A Natural Resource And A Severable Property Interest, Alan J. Alexander Feb 2011

The Texas Wind Estate: Wind As A Natural Resource And A Severable Property Interest, Alan J. Alexander

University of Michigan Journal of Law Reform

In 2011, Texas is again at the forefront of an energy boom: the wind energy boom. In 2006, Texas surpassed California and became the US. state with the most installed capacity to produce wind energy, and Texas' level of installed capacity has continued to grow. But the law has not kept pace with this growth. Similar to the initial growth of the oil and gas industry in Texas, the wind energy industry was also born, and continues to grow, in the absence of clear legal and regulatory standards. Lack of regulation in the early development of the oil industry contributed …


A Prediction Market For Climate Outcomes, Shi-Ling Hsu Jan 2011

A Prediction Market For Climate Outcomes, Shi-Ling Hsu

Scholarly Publications

This Article proposes a way of introducing some organization and tractability in climate science, generating more widely credible evaluations of climate science, and imposing some discipline on the processing and interpretation of climate information. I propose a two-part policy instrument consisting of (1) a carbon tax that is indexed to a “basket” of climate outcomes, and (2) a cap-and-trade system of emissions permits that can be redeemed in the future in lieu of paying the carbon tax. The amount of the carbon tax in this proposal (per ton of CO2) would be set each year on the basis of some …


Baselines Newsletter, No. 7, Winter/Spring 2011, University Of Colorado Boulder. Natural Resources Law Center Jan 2011

Baselines Newsletter, No. 7, Winter/Spring 2011, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.


Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn Jan 2011

Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn

Florida A & M University Law Review

No abstract provided.


Finding Access To The Federal Courts: How The Inconsistent Application Of Federal Jurisdiction In Cases With Significant Foreign Relations Implications Affects Mining And Agriculture Industries, Rebecca C. Griffin Jan 2011

Finding Access To The Federal Courts: How The Inconsistent Application Of Federal Jurisdiction In Cases With Significant Foreign Relations Implications Affects Mining And Agriculture Industries, Rebecca C. Griffin

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Water, Climate, And Energy Security, Elizabeth Burleson Jan 2011

Water, Climate, And Energy Security, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.


Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki Jan 2011

Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article considers legal, theoretical, and practical steps to a more sustainable food model. Part I discusses the underlying reasons for problems in the current food system, including those manifested in law, and the perceived benefits of creating a new agricultural paradigm. Part II discusses the major agricultural and food programs that have become more common in shaping a different food system model, specifically focusing on direct marketing (for example, farmers markets and community-supported agriculture) and the organic movement as it relates to small farmers. Part III argues that in order to change modern American food consumption, two changes must …


Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson Jan 2011

Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson

American University International Law Review

No abstract provided.


Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law Jan 2011

Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman Jan 2011

Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman

Articles

No abstract provided.


Introduction: The Deepwater Horizon Incident, Charles H. Norchi Jan 2011

Introduction: The Deepwater Horizon Incident, Charles H. Norchi

Faculty Publications

In this symposium, the contributors appraise the regulatory and institutional pathologies that contributed to the incident, offer projections based on current practices and legal frameworks, propose alternative institutional and regulatory approaches, and recommend policies to achieve a preferred future for marine ecosystems and dependent human activity.


What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman Jan 2011

What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman

Faculty Scholarship

No abstract provided.


A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang Jan 2011

A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang

Faculty Scholarship

The Deepwater Horizon (DWH) well blowout released more petroleum hydrocarbons into the marine environment than any previous U.S. oil spill (4.9 million barrels), fouling marine life, damaging deep sea and shoreline habitats and causing closures of economically valuable fisheries in the Gulf of Mexico. A suite of pollutants — liquid and gaseous petroleum compounds plus chemical dispersants — poured into ecosystems that had already been stressed by overfishing, development and global climate change. Beyond the direct effects that were captured in dramatic photographs of oiled birds in the media, it is likely that there are subtle, delayed, indirect and potentially …


The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah Williamson Jan 2011

The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah Williamson

Articles by Maurer Faculty

The story of Kleppe v. New Mexico dramatizes how assertion of federal power advancing national conservation objectives collided with traditional, local economic interests on public lands in the 1970s. This article connects that history with current approaches to natural resources federalism. New Mexico challenged the Wild Free-Roaming Horses and Burros Act, which diminished both state jurisdiction and rancher influence over public rangelands. In response, the Supreme Court resoundingly approved federal authority to reprioritize uses of the public resources, including wildlife, and spurred a lasting backlash in the West. Further legislation passed in the wake of Kleppe transformed this unrest into …


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power Jan 2011

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power

Faculty Scholarship

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …


Urban Green Uses: The New Renewal, Catherine J. Lacroix Jan 2011

Urban Green Uses: The New Renewal, Catherine J. Lacroix

Faculty Publications

As they confront dramatically reduced population and little prospect of significant near-term growth, several cities in the rust belt have turned to innovative tactics to put excess land to beneficial use. These measures include the creation of active land banks, downzoning for "green" uses such as urban agriculture, possible consolidation of population and abandonment of utility and public services, and installation of green infrastructure, such as stormwater retention and renewable power generation facilities, on publicly owned land. In the process, these cities face intriguing legal questions: What steps are needed to form an effective land bank? What is the liability …


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.