Natural Resources Law Commons^™

From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond

Natural Resources Journal

No abstract provided.

Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela King

Articles by Maurer Faculty

This article considers recent trends in federalism, with particular attention to natural resource law's statutory savings clauses. It begins with a case study of elk management in Jackson Hole, Wyoming. The elk controversy shows how a statutory savings clause can provide a state with traction to advance its interests, and demonstrates how the political winds of change can shift the balance of state-federal relations. The article then focuses on the common statutory savings clauses and their roles in circumscribing federal agency authority and establishing a basis for cooperation between federal and state governments. We analyze the interpretive approaches the judiciary …

Joe Stell's Life, Career, & Contributions, Susan Kelly

Water Matters!

Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …

From Martz To The Twenty-First Century: A Half- Century Of Natural Resources Law Casebooks And Pedagogy, Michael C. Blumm, David H. Becker

University of Colorado Law Review

Clyde Martz published the first natural resources law casebook in 1951, combining the previously discrete subjects of water law, mining law, and oil and gas law. Martz relied almost exclusively on case excerpts and emphasized the creation of private rights in natural resources. Over the nexthalf century, through several generations of casebooks, the natural resources course developed in response to the rise of the environmental movement and a series of energy crises. This article traces the evolution of the natural resources law casebooks from Martz's pioneering effort through several generations of texts to a new generation of casebooks that has …

E-Mail To Rebecca, Dale D. Goble

University of Colorado Law Review

H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …

After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank

University of Colorado Law Review

In both its 1995 decision United States v. Lopez and in its 2000 decision United States v. Morrison, the Supreme Court had adopted a narrow economic interpretation of congressional authority to regulate intrastate activities under the Commerce Clause. In four separate cases, three circuit courts (the District of Columbia, Fourth, and Fifth Circuits) struggled with deciding whether Congress may still protect endangered and threatened species that have little commercial value under the Commerce Clause after Lopez and Morrison. In each case, the court concluded that Congress did have the authority to protect endangered species under the Commerce Clause, including small …

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Emerging Commons And Tragic Institutions, Brigham Daniels

Faculty Scholarship

For the past forty years, scholars have developed an immense literature devoted to understanding and solving the tragedy of the commons. The most prominent solutions to this tragedy have focused on building and maintaining stable institutions. This Article reexamines this foundational literature by exploring the costs of stability. In many cases, far more than is generally recognized, the way we value the commons changes. When values change, stable institutions that once made perfect sense become rigid institutions that block change. This Article explains how institutions most able to solve the tragedy of the commons often cause a tragedy of another …

Indigenous Law And Its Contribution To Global Pluralism, James Anaya

Publications

No abstract provided.

Democratising Or Demonising The World Heritage Convention?, Natasha Affolder

All Faculty Publications

In recent disputes surrounding mining projects in and around World Heritage sites, the legitimacy of the World Heritage Convention regime has been attacked for a host of democratic failings. These accusations of 'democratic deficits' originate from both opponents and supporters of the Convention regime. They challenge the compatibility of international processes with national law and institutions, raise questions of accountability and transparency, and revisit tensions between state sovereignty and common heritage. This paper traces these perceptions of democratic shortcomings in the Convention regime to certain misunderstandings of the Convention, to failed participatory processes at the national level, and to the …

Lateral Access To The Rhode Island Shore: Introductory Report, Amanda Argentieri

Sea Grant Law Fellow Publications

No abstract provided.

Requirements For Evaluating The Performance Of Individual Fishing Quota (Ifq): A Legal Analysis, Tory Randall

Sea Grant Law Fellow Publications

No abstract provided.

First Circuit Interprets Rapanos To Determine Which Test To Apply, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

Appeal No. 0768: James W. & Patricia A. Best V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-117 (Great Lakes Energy Partners, LLC)

Appeal No. 0765: Rockwell Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-111 and 2006-93

Appeal No. 0766: Rockwell Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-89

Appeal No. 0767: Rockwell Resources, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2005-111 and 2006-93

Appeal No. 0769: Circle G. Lazy K Ranch V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-112 (David R. Hill, Inc.)

Appeal No. 0759: D & L Energy, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-65

Appeal No. 0757: William & Polly Chandler V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-57

Policy Tools For Smart Growth In New England, New England Environmental Finance Center

Smart Growth

Across New England communities have been experiencing a rapid outward surge of development away from our community and downtown centers. Effects of sprawl include a loss of wildlife habitat, farm and timber lands; increased costs of community services and higher taxes; auto-dependency, longer commutes, and increased congestion; increases in air and water pollution; a sedentary lifestyle and increased obesity; and losses to one’s sense of place and social ties.

State-level responses to sprawl have surfaced throughout New England in recent years. This report describes 11 examples of these responses, representing all six New England states and a diversity of recent …

The International Tribunal For The Law Of The Sea And The Possibility Of Judicial Settlement Of Disputes Involving The Fishing Entity Of Taiwan - Taking Ccsbt As An Example, Yann-Huei Song

San Diego International Law Journal

The main purpose of this paper is to assess the possibility of judicial settlement of fishery disputes involving the fishing entity of Taiwan and examine the legal questions regarding jurisdiction over the disputes. This analysis is based on the articles related to dispute settlement that are provided in the SBT Convention, the ITLOS Statute and the international law of the sea and the judicial practice of the ITLOS and other relevant arbitration courts in the Southern Bluefin Tuna case. Following this introductory section, Section II describes the establishment of the CCSBT and the selection and application of the methods of …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Appeal No. 0761: A.W. Tipka Oil & Gas, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-80

Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Celebrating the Centennial of the Antiquities Act (October 9)

For 100 years, the Antiquities Act has been used by nearly every President in the 20th century to set aside and protect lands threatened with privatization and development. The list of lands first protected under the Antiquities Act – and that might never have been protected without it – is truly remarkable. Many of our most treasured national parks including the Grand Canyon, Olympic, Zion, Arches, Glacier Bay, and Acadia, began as national monuments. All told, Presidents have issued 123 proclamations setting aside millions of acres of land under the Antiquities Act.

The Natural Resources Law Center and the Center …

Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law

35 slides

The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon

Celebrating the Centennial of the Antiquities Act (October 9)

3 pages.

Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

13 pages.

Includes bibliographical references

Notes On The Antiquities Act And Alaska, John Freemuth

Celebrating the Centennial of the Antiquities Act (October 9)

2 pages.

Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor James R. Rasband, Brigham Young University School of Law

20 slides