Natural Resources Law Commons^™

Anwr: The Legislative Quagmire Surrounding Stakeholder Control And Protection, And The Practical Consequences Of Allowing Exploration, Kristofer Pasquale

Buffalo Environmental Law Journal

No abstract provided.

The Antiquities Act Of 1906 And Presidential Proclamations: A Retrospective And Prospective Analysis Of President William J. Clinton's Quest To "Win The West", Heidi M. Biasi

Buffalo Environmental Law Journal

No abstract provided.

Unrest In The Valley: What's Bothering The Surface And Royalty Owners?, Lonnie Turner

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Appeal No. 0701: American Insurance Co. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-13

Appeal No. 0703: James & Mary Riordan V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2001-37 (Mandatory Pooling)

Appeal No. 0674: Pottmeyer Oil & Gas V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 99-113

Appeal No. 0689: Ohio Valley Coal Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 27503

Appeal No. 0699: C & M Gas And Oil V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2001-6

Justice And Natural Resources: Concepts, Strategies, And Applications, Kathryn M. Mutz, Gary C. Bryner, 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://128.138.161.92/record=b257401

Contents: PART ONE : FRAMEWORKS: Beyond "traditional" environmental justice / David H. Getches, David N. Pellow -- Assessing claims of environmental justice : conceptual frameworks / Gary C. Bryner -- Water, poverty, equity, and justice in Colorado : a pragmatic approach / James l. Wescoat Jr., Sarah Halvorson, Lisa Headington, Jill Replogle -- International environmental protection : human rights and North-South divide / Tseming Yang -- PART …

Water Allocation Compacts In The West: An Overview, Douglas S. Kenney

Books, Reports, and Studies

14 p. : charts ; 28 cm

Resource Law Notes Newsletter, No. 53, Winter, Feb. 2002, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Elimination Of The Depletion Deduction For Fossil Fuels, Wendy B. Davis

Seattle University Law Review

This article argues that the depletion deduction provision is a misguided incentive that has been falsely analogized and justified, and it should be abolished in order to provide funds to protect and preserve the environment. The additional revenue generated should be used to encourage the development of renewable resources and to remediate the harm caused by the extraction and use of fossil fuels. Specifically, the depletion deduction for reduction in the supply of nonrenewable resources such as coal and oil should be eliminated to (1) ensure certain and equal treatment under the tax laws; (2) encourage development of renewable energy …

Land Policy And Adat Law In Indonesia's Forests, Kallie Szczepanski

Washington International Law Journal

The Indonesian government's land laws and policies lead to displacement of and hardship for the indigenous peoples of the archipelago. The Basic Agrarian Law, Basic Forestry Law, and Spatial Planning Law all allow for expropriation of indigenous lands formerly governed under the adat legal system. In addition, the central government's policy of transmigration—the shifting of people from the populous Inner Islands of Java, Bali, and Madura to the Outer Islands—only increases the economic and cultural pressure on indigenous peoples of the Outer Islands. The hopelessness and anger that result from the marginalization of traditional adat societies fuel violent ethnic conflicts, …

African Private Security Companies And The Alien Tort Claims Act: Could Multinational Oil And Mining Companies Be Liable?, Jennifer L. Heil

Northwestern Journal of International Law & Business

This paper focuses specifically on the possible liability under the ATCA of multinational oil and mining companies operating in Africa. First, it will examine the relationships between the multinational oil and mining companies, private security forces and African governments. In doing so, it will describe the actual activities and operations of the private security forces in conjunction with the oil and mining corhpanies. Second, this paper will outline the elements of liability under the ATCA. This will include a discussion of recent cases in which foreign nationals have sued multinational companies in the United States for alleged human rights abuses …

Maximizing Plaintiff Protection In The World Of Asset Freezing And Bypassing The Due Process Requirement Of Notice: The Mareva Injunction As An Alternative To The American Legal Remedies, Carlos Fabano

ILSA Journal of International & Comparative Law

The feeling of security is something that everyone covets and pursues, more so, when you are in the position of a plaintiff initiating a lawsuit.

A Defense Of Cost-Benefit Analysis For Natural Resources Policy, Shi-Ling Hsu, John Loomis

Scholarly Publications

No abstract provided.

The Rio Grande Silvery Minnow And The Endangered Species Act, Sean O'Connor

University of Colorado Law Review

No abstract provided.

The National Wildlife Refuge System And The Hallmarks Of Modern Organic Legislation, Robert L. Fischman

Articles by Maurer Faculty

This article explores the origins and precise meaning of the term "organic act," which is widely used in public land law. The evolution in the meaning of the term reflects larger shifts in the role of legislation in public resource management. The article illustrates this with an analysis of the 1997 Refuge Improvement Act, a substantial revision of the charter for the Refuge System and the first major statute governing public land management enacted since the 1970s.

The Refuge System's "dominant use" regime is an important model for sustainable resource management. The article describes this regime in the context of …

Stumbling To Johannesburg: The United States' Haphazard Progress Toward Sustainable Forestry Law, Robert L. Fischman

Articles by Maurer Faculty

This Article addresses how well forestry law in the United States promotes sustainable development, with special attention to the trends of the past decade. The role of law in shaping forest management decisions has been a contentious issue in this recent period, and forestry has been at the forefront of public concern about sustainability of natural resource management generally. Therefore, the problems and opportunities for forestry law to promote sustainable development are indications of the weaknesses and strengths of the overall U.S. legal regime.

A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera

Articles by Maurer Faculty

No abstract provided.

Interstate Water Allocation: A Contemporary Primer For Eastern States, Robert Haskell Abrams

Journal Publications

The principal thesis of this article is that interstate water allocation matters. It matters because, absent allocation, states that want to conserve their water resources for either future intrastate use or for present in situ use are at risk of having sister states use that water in other inconsistent ways. Interstate allocation also matters because, if there is not a negotiated agreement, water use is sufficiently similar to a zero sum game in that there will be winners and losers and the winning strategy is easily identified. Under the most recent and detailed United States Supreme Court precedent, states engaged …

Adjucating Sustainability: New Zealand's Environment Court, Bret C. Birdsong

Scholarly Works

New Zealand's Resource Management Act of 1991 (“RMA”) placed the island nation on the world's cutting edge of environmental management by making sustainability the law of the land. The RMA also presents an opportunity to examine a less heralded New Zealand innovation in environmental governance: a specialized, expert court that is focused exclusively on resolving environmental disputes. The Environment Court is a critical institution in New Zealand's effort to move toward sustainable management of the environment. Exercising broad powers to review most of the fundamental issues arising under the RMA, the Court is the primary arbiter of whether activities and …

Western Water: The Ethical And Spiritual Questions, Charles Wilkinson

Publications

No abstract provided.

The Birth, Death, And Rebirth Of The World Trade Center And The Fate Of New York, Michael B. Gerrard

Faculty Scholarship

The year in the title has finally arrived, and in Stanley Kubrick's classic film 2001: A Space Odyssey, the appearance of large monoliths marks important transitions in human civilization. In New York City, the construction, destruction and possible reconstruction of the twin monoliths of the World Trade Center also mark historical transitions. Among the things transformed with each event is our relationship to the physical environment.

End The Moratorium: The Timor Gap Treaty As A Model For The Complete Resolution Of The Western Gap In The Gulf Of Mexico, John Holmes

Vanderbilt Journal of Transnational Law

The United States and Mexico recently entered into a treaty to delimit the continental shelf in the Gulf of Mexico, allowing both countries access to explore and exploit valuable natural resources in the Western Gulf. Included in the treaty is a ten-year moratorium on oil production within a buffer zone that encompasses transboundary reserves.

This Note explores the issues surrounding the buffer zone and suggests a model to resolve the dispute over access to transboundary reserves that will benefit both the United States and Mexico. Part 11 describes the relevant international law governing the Gulf of Mexico. Part III outlines …

Biodiversity In And Around Mcelligot's Pool, Sandra B. Zellmer, Scott A. Johnson

Faculty Law Review Articles

No abstract provided.

Treaty Fishing Rights: A Habitat Right As Part Of The Trinity Of Rights Implied By The Fishing Clause Of The Stevens Treaties, O. Yale Lewis Iii

American Indian Law Review

The fishing right guaranteed by the fishing clause of the Stevens Treaties between the United States and the Indians of Western Washington should be considered a trinity of rights: a right of access, a right of equitable apportionment, and a habitat right. While seven different Supreme Court decisions and scores of lower court decisions examine the contours of the first two elements of the fishing right, the contours of the final element of the right remain unsettled. No appeals court has ruled on whether there, is an implied habitat right. While some trial courts have skirted the issue, only one …

Gore Wars, Alex Kozinski

Michigan Law Review

Unless you've been frozen in carbonite or are hopelessly gullible, it must have occurred to you at some point during the last three decades that environmental activists are exaggerating just a bit when they claim that, unless we dramatically change our way of life, we'll soon see the end of civilization as we know it. I'm not sure when these doomsday predictions got started - probably they go back to Malthus and beyond - but I first became aware of environmental Jeremiadism in college in the early 1970s, when tout-le-monde were reading a little book called The Limits to Growth. …

Sacrificing The Salmon: A Legal History Of The Decline Of Columbia Basin Salmon (Full Text Part 1 Of 2), Michael Blumm

Books & Contributions to Books

Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devasted Columbia Basin salmon runs, some of which are now exinct, others are on life-support.

This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th …

Using Trusts To Conserve Resources: A Book Review Of Conservation Trusts, Robert W. Malmsheimer

Buffalo Environmental Law Journal

No abstract provided.