Natural Resources Law Commons^™

Nature And Extent Of Rights To Fish In Western Australia. Final Report., Department Of Fisheries

Fisheries Management Papers

This report (‘Nature and Extent of Rights to Fish in Western Australia’) is not a policy document. It has been written to assist Government and stakeholders alike in reaching a common position on the issue of fisheries access rights in Western Australia. The report is intended to inform policy makers and stakeholders in gaining an understanding of fisheries legislation in Western Australia and the mechanisms and implications of resource allocation shifts. Its main use will be as a reference document and not a full treatise on the law. The report examines the common law position in the waters in respect …

Sharing Potential And The Potential For Sharing: Open Source Licensing As A Legal And Economic Modality For The Dissemination Of Renewable Energy Technology, Jason Wiener

ExpressO

No abstract provided.

Appeal No. 0744: Paul A. Grim V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-100

Stormwater Utility Fees: Considerations & Options For Interlocal Stormwater Working Group (Iswg), New England Environmental Finance Center

Economics and Finance

Stormwater utilities are a concept whose time seems to have arrived. Established by relatively few communities in the 1970s as a method of funding flood control measures, stormwater utilities now exist in over 400 municipalities and counties throughout the United States. During the next 10 years, their numbers are expected to swell dramatically – by one estimate to over 2,000 by the year 2014.

The reasons for this growth are multifold. Federal stormwater regulations passed in the 1980s (Phase I of the National Pollutant Discharge Elimination System Program, or NPDES), motivated many larger communities to seek alternative funding sources and …

Sand Mining In Baja And Alta California, Harold Magistrale

San Diego International Law Journal

This Comment will examine some geologic, environmental, and legal aspects of the international sand trade. Looking at the state of sand mining in both countries will demonstrate that the United States and Mexico have parallel regulatory structures and similar environmental concerns and will show how municipal and state officials in Baja California are ale to piggyback their economic concerns onto environmental regulations. This Comment will also examine the sand trade issue for lessons applicable to cross border trade and suggest a certification mechanism that would allow continued sand exports while preserving environmental safeguards.

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 …

“Oh Lord, Please Don't Let Me Be Misunderstood!”: Rediscovering The Penn Central And Mathews V. Eldridge Frameworks, Gary Lawson, Katharine A. Ferguson, Guillermo Montero

ExpressO

The manuscript re-examines the origins and purposes of two of the most misunderstood constructs in modern legal doctrine: the so-called Penn-Central and Mathews v. Eldridge three-factor tests. We say “so-called,” because neither case actually invented a three-factor test. Penn Central set forth a framework involving two factors that later cases (unwisely, in our view) expanded to three, and the framework in Mathews was initially crafted by litigators in the Solicitor General’s office in order to resolve the specific issue facing the Court in that case. More significantly, neither Penn Central nor Mathews purported to set forth a methodology for deciding …

Appeal No. 0739: Francis Smith, Dba Ridgeway Resources V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-27 and Chief's Order 2004-55

Appeal No. 0732: Waterloo Coal Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-32

Appeal No. 0741: Chieftain Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-49

Appeal No. 0717: Stonebridge Operating Co., Halwell Company, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-37

Appeal No. 0734: Chieftain Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-29

Appeal No. 0735: Chieftain Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-37

Appeal No. 0736: Energy Development Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-42

Appeal No. 0737: Gemini Energy, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-38

Appeal No. 0740: Francis Smith, Dba Ridgeway Resources V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-27 and Chief's Order 2004-55

Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter

Washington International Law Journal

Illegal logging in the tropical forests of Papua New Guinea is one of the greatest threats to the forests and indigenous people of this island nation. Increasing pressure from the commercial logging industry, legislation that restrains customary ownership, and an unclear legal basis for this ownership subjects the indigenous people of Papua New Guinea to unscrupulous, unsustainable, and illegal logging practices. As a region central to the preservation of global ecological and cultural diversity, the devastating consequences of illegal logging in Papua New Guinea have become nationally and internationally significant. Customary ownership of the forests by the indigenous clans of …

A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell

Faculty Works

This article examines the challenge of enforcing promises made to benefit the public, using environmental commitments such as wetland restoration as a central example. It argues that while contractual promises between private parties are routinely enforced, similar promises made to the public often fail due to lack of effective enforcement mechanisms. Drawing on Garrett Hardin’s “Tragedy of the Commons,” the paper explores how individual incentives discourage both performance and enforcement of such promises. The analysis highlights the limitations of agency resources, barriers to citizen enforcement, and the inadequacy of existing legal frameworks to ensure accountability for public benefit commitments. It …

Stepping Onto A Moving Train: The Collision Of Illegal Logging, Forestry Policy, And Emerging Free Trade In The Russian Far East, Robert M. Crowley

Washington International Law Journal

Faced with economic decline following the Soviet Union's collapse, Russia is energetically seeking ways to develop its economy and stimulate trade. In order to accomplish these goals, Russia has taken a number of steps to improve its interactions with its trading partners and reform its internal economic structures. Among the most sweeping areas of change are Russia's steps toward bilateral and multilateral free trade agreements and the proposed changes to its Forest Code. Externally, Russia has signed an agreement with China to stabilize relations, increase trade, and address shared environmental concerns, and has taken steps toward membership in the World …

State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton

Washington International Law Journal

At its latest session, the United Nations General Assembly urged States to consider a temporary ban on bottom trawling on the high seas. Bottom trawling technology causes extensive damage both to the habitat of deep sea living marine resources ("LMRs") and to the LMRs themselves. This damage is particularly acute at heavily fished undersea mountains known as seamounts. The pronouncement by the General Assembly, while certainly a positive step, is another unfortunate example of short-sighted fisheries management: instead of creating a legitimate protection regime—such as a moratorium or a system of High Seas Marine Protected Areas ("HSMPA")—for these rare and …

Up In Smoke: Using Cooperative U.S. Forest Fire Management Policies As A Model For Implementing An Effective Forest Fire Prevention Program In The Russian Far East, Jim Wilkson

Washington International Law Journal

The Russian Far East's ("RFE") most abundant natural resource is its vast, relatively unbroken tracts of boreal forest. Wildfires are the largest cause of deforestation in the RFE. Rampant fires in the RFE threaten biodiversity and wildlife habitat, destroy timber reserves, and create pollution and greenhouse gases. Experts estimate that between eighty to ninety percent of these fires are human-caused. However, Russian forestry laws fail to provide the type of legal framework necessary to adequately address these preventable fires. Forest management legislation mandating more comprehensive and cooperative fire prevention could prevent disastrous forest fires in the RFE. U.S. fire management …

Makah Tribe Entitled To Percentage Of Pacific Whiting Harvest, Lance Young

Sea Grant Law Fellow Publications

No abstract provided.

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …

Adr: The New Equity, Thomas O. Main

ExpressO

This article joins an important conversation about the proper role of alternative dispute resolution (“ADR”) in the administration of civil justice. Both ADR and formal adjudication are being reconceptualized as ADR matures into an alternative system, and as ADR methods and methodology are incorporated into formal adjudication. Professor Main invokes the history of Equity, another “alternative” system, to inform our understanding of the forms and limits of ADR. He envisions ADR and formal adjudication as dual systems of dispute resolution, and uses the Equity analogue as a template to develop a theory of ADR.

Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

Publications

No abstract provided.

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.

Ethics In The Oil Patch: Who Is The Client And What Difference Does It Make?, John C. Everett

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Yours, Mine, And Ours: Documenting The Exploration Venture, Mark Boiling

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Recent Developments In Natural Resoures Law - Circa 2005, Thomas A. Daily

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Technical & Legal Considerations In Implementing An Exploration And Development Plan Or What Do We Do Now?, Robert M. Mcgowen, Robert M. Honea

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.