Natural Resources Law Commons^™

Oil & Gas Litigation: What Usually Goes Wrong And What Can Be Done To Prevent It, Ed Norwood

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

El Malpais Area: National Monument, National Conservation Area And The West Malpais And Cebolla Wilderness Areas, Kathryn M. Mutz, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

53 p. : ill., maps

In Search Of Sustainable Water Management: International Lessons For The American West And Beyond, Douglas S. Kenney

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b279300~S0

Contents: Water policy and cultural exchange : transferring lessons from around the world to the western United States / James L. Wescoat Jr. -- Roles for the public and private sectors in water allocation : lessons from around the world / Charles W. Howe, Helen Ingram -- Integrating environmental and other public values in water allocation and management decisions / David H. Getches, Sarah B. Van de …

Gila Box Area: Gila Box Riparian National Conservation Area, And The Fishhooks And Needle's Eye Wilderness Areas, Douglas S. Kenney, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

23 p. : ill., map

The Utility Of Non-Use Values In Natural Resource Damage Assessments, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Non-use values are frequently underestimated or ignored in natural resource damage assessments, despite the fact that there are significant social and economic benefits to assessing costs for lost non-use values. The regulations of the Department of the Interior, which bind some CERCLA trustees, create unusual barriers to the consideration of non-use values and are potentially vulnerable to a reasonableness challenge under Chevron v. NRDC. Trustees who are not bound by the DOI regulations should consider calculating and assessing non-use values because of the economic and social benefits of recognizing non-economic injury caused by the destruction or degradation of natural resources.

Cooperative Federalism And Natural Resources Law, Robert L. Fischman

Articles by Maurer Faculty

Cooperative federalism describes an arrangement under which a national government induces coordination from subordinate jurisdictions, such as states and tribes, through incentives rather than requirements. In environmental law, cooperative federalism highlights the divide between pollution control and resource management. This article examines the divide from both sides.

Even though almost all of the environmental law commentary on cooperative federalism focuses exclusively on the pollution control side, the basic elements of cooperative federalism can be combined in a wider variety of forms than are recognized by most pollution control programs or scholarship. This article reviews the ways in which resource management …

Contemporary Politics Of Wilderness Preservation, John D. Leshy

Faculty Scholarship

No abstract provided.

The Rule Of Capture--An Oil And Gas Perspective, Bruce M. Kramer, Owen L. Anderson

Faculty Articles

No abstract provided.

The Problem Of Reallocation In A Regulated Riparian System: Examining The Law In Georgia, Wilson Barmeyer

Georgia Law Review

There has been considerable debate over creating a market for water withdrawal permits in Georgia. Water market proponents argue that Georgia currently lacks the tools to reallocate water efficiently and to sustain continued economic growth. Opponents argue that a market is an inappropriate way for Georgia to introduce economic incentives into water management. This Note rejects the dichotomous choice between market and non market institutions. Instead, it presents a range of water reallocation mechanisms and argues that water supply solutions should be tailored to meet specific problems and objectives. Such an approach emphasizes the need for regional planning and management …

Commercially Harvesting Endangered Salmon? Rethinking The Interaction Of Salmon Hatcheries And The Endangered Species Act After Alsea Valley Alliance V. Evans, Joseph A. Brown

Georgia Law Review

Prior to 2001, a dichotomy existed in the application of the Endangered Species Act. Naturally spawned salmon, dwindling in number, were afforded the Act's protection while hatchery-spawned salmon, released in the billions each year, were commercially harvested and almost universally excluded from the Act's purview. A recent federal district court decision, however, held that the salmon listing decisions had not properly considered the contribution of hatchery-spawned salmon. Although the subsequent agency review mandated by the court decision left the listing determinations largely unchanged, this Note argues that the most profound implications of the court's decision regard hatchery management rather than …

The Significance Of National Wildlife Refuges In The Development Of U.S. Conservation Policy, Robert L. Fischman

Articles by Maurer Faculty

A retrospective of National Wildlife Refuge System conservation shows a promising trajectory. The system has overcome persistent neglect to contribute to conservation policy. Haltingly, it has kept pace with conservation science to remain the chief American contribution to large-scale wildlife protection. Early on, it pioneered the use of habitat acquisition to protect imperiled species. More recently, it has begun to implement the cutting-edge ecological mandate to maintain biological integrity, diversity, and environmental health. Perhaps the most meaningful feature of the history of the refuge system is how closely it mirrors the development of conservation policy in the twentieth century.

This …

Justice Scalia's Footprints On The Public Lands, Bret C. Birdsong

Scholarly Works

This article explores Justice Scalia's views of judicial review of administrative action, as revealed in his writings on public land law, as both a scholar and a Supreme Court justice. It examines and explains why Professor Scalia favored judicial review of public land administration while Justice Scalia seems to abhor it. In a sweeping law review article published in 1970, Professor Scalia argued that the doctrine of sovereign immunity historically did not apply in public lands cases. On the Court he has penned two of the most significant decisions addressing judicial review of public lands administration, each of them imposing …

Road Rage And R.S. 2477: Judicial And Administrative Responsibility For Resolving Road Claims On Public Land, Bret C. Birdsong

Scholarly Works

The past decade has seen the D-4 Caterpillar bulldozer become a significant tool for those seeking to challenge federal land management agencies' authority to protect resources federal lands by reducing access. The power of the bulldozer is both symbolic and pragmatic. It cuts an iconographic image of local officials standing up against federal control over vast areas of land in the rural west. But it also, in many cases, provokes litigation, allowing claims to property rights to receive judicial attention that might otherwise evade them.

Underlying each of these protagonist's legal positions, if not their motivations, is a right-of-way grant …

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

Articles

No abstract provided.

Executive Power And The Public Lands, Harold H. Bruff

Publications

No abstract provided.

A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter

Publications

Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also important to analyze them through a property law lens. Indeed, the Supreme Court has treated the federal government's ownership of public lands as a basis for denying Indian religious freedoms claims. This Article contends that such holdings rely on an "ownership model" of property law wherein the rights of the …

Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya

Publications

No abstract provided.

Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya

Publications

In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …

The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches

Publications

No abstract provided.

Towards Conservation Of Submerged Lands: The Law And Policy Of Conservation Leasing And Ownership, The Nature Conservancy, Roger Williams University School Of Law

Marine Affairs Institute Staff Publications

No abstract provided.

Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, 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. Given the world's considerable reliance on this precious resource, it is reasonable to assume that international attention to, and especially legal consideration of, ground water would be substantial. Nothing is further from the truth. Despite the growing dependence, legal and regulatory attention to ground water resources have long been secondary to surface water, especially among legislatures and policymakers and above all in the international …

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

The 1953 International North Pacific Fisheries Convention: Half-Century Anniversary Of A New Department In Ocean Law, Harry N. Scheiber

San Diego International Law Journal

In the broadest historical perspective, the Convention laid the groundwork for the modern-day norm of multi-lateralist style and structure for sustainable management of ocean resources. It is fitting, then, that a conference bringing together experts on ocean law and policy from many countries would have gathered in 2003 at the University of California, Berkeley to consider the current-day initiatives in multilateralism and, at the same time, to recall their origins and precursors starting with the International North Pacific Fisheries Convention.

Recollections Of The 1952 International North Pacific Fisheries Convention: The Decline Of The Principle Of Abstention, Shigeru Oda

San Diego International Law Journal

Having recently completed twenty-seven years on the bench of the International Court of Justice in The Hague, I have just returned to Sendai, Japan, my home town. Please permit me therefore to offer some personal recollections of the time fifty years ago when, as a graduate law student from occupied Japan traveling on a passport issued by General MacArthur, Supreme Commander of the Allied Powers in Japan, I began preparation of my doctoral dissertation at Yale Law School.

In Memoriam - John P. Taylor, Natural Resources Journal

Natural Resources Journal

No abstract provided.

National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus

Natural Resources Journal

No abstract provided.

Slow On The Trigger: The Department Of Fisheries And Oceans, The Fisheries Act And The Canadian Environmental Assessment Act, Arlene Kwasniak

Dalhousie Law Journal

The federal Department of Fisheries and Oceans plays an Important role in protecting fish and fish habitat in Canada, primarily under the Fisheries Act. Section 5 of the Canadian Environmental Assessment Act requires an environmental assessment when the Department takes certain actions under the Fisheries Act. In the past few years environmental interests have taken the Department to task claiming that it has circumvented assessment. The alleged circumvention occurs when proponents of projects that will harm fish habitat, in consultation with the Department, revamp the project to avoid harm, and the Department issues a letter of advice to the proponent …

Framework Adjustment 14 Does Not Violate Magnuson-Stevens Act, Terry Boardman

Sea Grant Law Fellow Publications

No abstract provided.

Federal Circuit Reverses $37 Million Award To Fishing Vessel, Lance Young

Sea Grant Law Fellow Publications

No abstract provided.