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Articles 4471 - 4500 of 7714
Full-Text Articles in Natural Resources Law
'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim
'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim
Natural Resources Journal
No abstract provided.
Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord
Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord
Publications
No abstract provided.
Reply Brief Of Appellants Makah, Puyallup, Quileute, Upper Skagit, Nisqually And Squaxin Island Indian Tribes, Lummi Nation, Quinault Indian Nation, And Swinomish Indian Tribal Community - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
No abstract provided.
Appellant Suquamish Tribe's Reply Brief To Response Brief Of Appellee Upper Skagit Indian Tribe, Brief Of Appellee Swinomish Indian Tribal Community, The Tulalip Tribes' Response Brief And Response Brief Of Intervenors Port Gamble S'Klallam And Jamestown S'Klallam - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010)) Tribes
Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
No abstract provided.
Seeing The Forest For The Treaties - Evolving Debates On Cdm Forest And Forestry Project Activities 10 Years After The Kyoto Protocol, Romulo Sampaio
Seeing The Forest For The Treaties - Evolving Debates On Cdm Forest And Forestry Project Activities 10 Years After The Kyoto Protocol, Romulo Sampaio
Elisabeth Haub School of Law Student Publications
No abstract provided.
Farming The Ocean, Ann Powers
Farming The Ocean, Ann Powers
Elisabeth Haub School of Law Faculty Publications
Was that salmon you ate for lunch caught in the wild, chill waters of the North Atlantic? What about the mussels you had last night? Did they arrive on your table through traditional capture techniques, or were they a product of the fish-farming industry? And if so, does it matter? What else in your daily life might be a result of deliberate culture of once wild species? Protein in your pet's food, gel in your toothpaste and cosmetics, thickener in your pasta sauce, the seaweed in your sushi? For the most part we pay little attention to where our foods …
Response Brief Of Appellees Port Gamble S'Klallam And Jamestown S'Klallam Tribes - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
No abstract provided.
Reply Brief Of Appellant Skokomish Indian Tribe - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
No abstract provided.
Reply Brief For Appellant Lower Elwha Klallam Tribe - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
No abstract provided.
Response Brief Of Appellees Port Gamble S'Klallam And Jamestown S'Klallam Tribes - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
No abstract provided.
Brief Of Appellants Makah, Puyallup, Quileute, Upper Skagit, Nisqually And Squaxin Island Indian Tribes, Lummi Nation, Quinault Indian Nation, And Swinomish Indian Tribal Community - United States V. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))
No abstract provided.
Recovery In A Cynical Time—With Apologies To Eric Arthur Blair, Dale D. Goble
Recovery In A Cynical Time—With Apologies To Eric Arthur Blair, Dale D. Goble
Washington Law Review
The drafters of the Endangered Species Act envisioned a process in which a species at risk of extinction would be protected while the threats it faces are removed so that it recovers. Over the first three decades of experience with the Act, implementation has proved to be far more complex. Recovering at-risk species imposes two different types of requirements. Biologically, recovery is a demographic problem: the species's population must have increased in numbers and dispersed geographically to a point at which nature's random risks have been reduced so that the species is no longer in danger of extinction. The risk-management …
A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen
A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen
Publications
No abstract provided.
Chumming On The Chesapeake Bay And Complexity Theory: Why The Precautionary Principle, Not Cost-Benefit Analysis, Makes More Sense As A Regulatory Approach, Hope M. Babcock
Washington Law Review
"[H]istory reveals not merely that change is real but also that change is various. All change is not the same, nor are all changes equal. Some changes are cyclical, some are not. Some changes are linear, others are not. Some changes take an afternoon to accomplish, some a millennium. We can no more take any particular kind of change as absolutely normative than we can take any particular state of equilibrium as normative .... The challenge is to determine which changes are in our enlightened self-interest and are consistent with our most rigorous ethical reasoning, always remembering our inescapable dependency …
From Stratton To Uscop: Environmental Law Floundering At Sea, Donna R. Christie
From Stratton To Uscop: Environmental Law Floundering At Sea, Donna R. Christie
Washington Law Review
No abstract provided.
Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus
Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus
Washington Law Review
Dealing with uncertainty is widely recognized as the key challenge for environmental and natural resource decisionmaking. Too often, though, that challenge is considered only from an ex ante perspective which treats uncertainty as an invariant feature that must be accounted for but cannot be changed. With respect to many natural resource management decisions, that picture is misleading. Decisions are often iterative or similar, providing significant opportunities for leaming. Where such opportunities are available and inaction is not feasible or desirable, learning while doing can provide the benefits of both the precautionary principle and scientific decisionmaking while minimizing the key weaknesses …
Response Brief Of Intervenors Port Gamble S'Klallam And Jamestown S'Klallam Tribes - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
No abstract provided.
Appellant Suquamish Tribe's Reply Brief To Brief Of Appellee Swinomish Indian Tribal Community And Response Brief Of Appellee Upper Skagit Indian Tribe - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
No abstract provided.
The Role Of Local Governments In Great Lakes Environmental Governance: A Canadian Perspective, Marcia Valiante
The Role Of Local Governments In Great Lakes Environmental Governance: A Canadian Perspective, Marcia Valiante
University of Michigan Journal of Law Reform
Restoration of environmental integrity in the Great Lakes Basin has been only a qualified success after thirty-five years of efforts pursuant to policies developed by federal, state, and provincial governments. Many unresolved problems stem from activities under local government control, yet in the past local governments were excluded from Great Lakes policy-making. By looking at recent changes in the powers, interests, experience, and influence of local governments in Ontario, this Essay concludes that local governments now have the ability to participate meaningfully in Great Lakes policy formation and implementation. To include local governments would improve the chances of successful restoration …
From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace
From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace
University of Michigan Journal of Law Reform
Wetlands regulation in the United States has a tumultuous history. The early European settlers viewed wetlands as obstacles to development, and they drained and filled wetlands and swamps at an astounding rate, often with government support, straight through the middle of the twentieth century. As evidence of the ecological significance of wetlands emerged over the last several decades, programs to protect and restore wetlands became prominent. Most notable among these is the permitting program under section 404 of the Clean Water Act. That provision prohibits dredging or filling of "navigable waters, " defined by law to mean "waters of the …
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
University of Michigan Journal of Law Reform
Since 1985, the eight Great Lakes states and the Canadian provinces of Ontario and Quebec have cooperated to prevent almost all diversions of water from the Great Lakes basin. In 2005, the eight states signed an Agreement to create a tiered system of reviews for diversions and a draft interstate Compact, which creates a binding process to regulate diversions. This cooperation is primarily a state initiative, supported by the federal governments in both countries, which has paid little attention to the international character of the lakes. This Essay argues that there are three major benefits to the region from the …
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra B. Zellmer
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra B. Zellmer
Faculty Law Review Articles
Last year, hundreds of thousands of residents of the lower Mississippi River basin were forced to flee Hurricane Katrina.2 Having scattered like leaves before the gale-force winds that pounded the Gulf Coast, many are still displaced by the wreckage caused by storm surges and floodwaters.3 Those who have returned continue to experience the adverse effects of a shattered infrastructure as they attempt to rebuild their homes and their lives. The environmental calamity is profound: drinking water sources polluted by destroyed septic systems and leaking storage tanks; contaminated sediments from the bayous to the residents' backyards; decimated marshes and oyster beds-in …
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
University of Michigan Journal of Law Reform
In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
University of Michigan Journal of Law Reform
The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding-the proposed new compact because it has not yet been ratified by any State nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …
The Public Trust In Surface Waterways And Submerged Lands Of The Great Lakes States, Bertram C. Frey, Andrew Mutz
The Public Trust In Surface Waterways And Submerged Lands Of The Great Lakes States, Bertram C. Frey, Andrew Mutz
University of Michigan Journal of Law Reform
The modern public trust doctrine compels each Great Lakes state to protect the sustainable future of the Lakes and to preserve traditional public uses. At the same time, the doctrine constrains the states' powers to allow exploitation of trust resources. This Article provides a brief historical overview of the public trust doctrine in waterways and their submerged lands. It next explores how the eight Great Lakes states have applied the doctrine, discusses the surprising number of differences in the doctrine's development from state to state, and provides comparison charts. After analyzing the variety of approaches used by the eight states …
Commentary On The U.N. International Law Commission's Draft Articles On The Law Of Transboundary Aquifers, Gabriel E. Eckstein
Commentary On The U.N. International Law Commission's Draft Articles On The Law Of Transboundary Aquifers, Gabriel E. Eckstein
Faculty Scholarship
Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Despite our increasing reliance, ground water resources have long been the neglected stepchild of international water law; regulation and management of and information about ground water resources are sorely lacking, especially in the international context. Presently, there is no international agreement squarely addressing ground water resources that traverse an international boundary. Moreover, there is only one treaty in the entire world pertaining to the …
Brief Of Appellee Swinomish Indian Tribal Community - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
No abstract provided.
The Tulalip Tribes' Response Brief - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
No abstract provided.
Response Brief Of Appellee Upper Skagit Indian Tribe - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
No abstract provided.
Opening Brief Of Appellant Suquamish Tribe - Upper Skagit Indian Tribe V. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))
No abstract provided.