Natural Resources Law Commons^™

Conserving Ecosystems Through The Secretarial Order On Tribal Rights, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

Environmental Justice And Natural Areas Protection Trends & Insight, Michael B. Gerrard

Faculty Scholarship

There are 3,119,963 square miles in the continental United States. That sounds like plenty of space to put just about anything. However, when the facility seeking a home is environmentally controversial, finding even one square mile can seem almost impossible.

This country is now in its third major era in making siting decisions. The first era – unconstrained siting – lasted until the late 1960s. Then began the second era – protecting natural areas. In the early 1990s, we embarked upon a third era – environmental justice. The growing tensions between protecting natural areas and achieving environmental justice suggest that …

Incorporation Of "Private" Environmental Certification Systems In Formal Legal Systems: The U.S. Case., Errol E. Meidinger

Journal Articles

No abstract provided.

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Publications

No abstract provided.

The Virtues Of Command And Control Regulation: Barring Exotic Species From Aquatic Ecosystems, Sandra B. Zellmer

Faculty Law Review Articles

The Clean Water Act asserts the ambitious goal of eliminating water pollution and protecting the chemical, physical, and biological integrity of U.S. waters. Yet the EPA, in enforcing the Act, currently exempts from regulation a significant source of pollution in U.S. waters: ballast-water discharges from commercial shipping vessels. Ballast water from commercial vessels is a primary vector for the introduction of exotic plant and animal species into U.S. waters. The invasion of these species poses an increasing threat to native biodiversity; the invaders prey directly on native fish and wildlife, compete for food and habitat, and introduce disease and parasites …

A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson

Publications

No abstract provided.

Land Use, Science, And Spirituality: The Search For A True And Lasting Relationship With The Land, Charles Wilkinson

Publications

No abstract provided.

Natural Resources And The White Commission Report, Carl W. Tobias

Law Faculty Publications

Individuals and entities with concerns regarding environmental issues as well as those concerned about the federal judicial system have carefully followed the debate over the possible division of the United States Court of Appeals for the Ninth Circuit that has been raging since 1995. During the first session of the 105th Congress, the Senate approved an appropriations rider, which would have established a new Twelfth Circuit including Alaska, Arizona, Hawaii, Idaho, Montana, Oregon, Washington, Guam, and the Northern Mariana Islands, and would have left California and Nevada in the Ninth Circuit. That action was very important because neither house of …

The Preservation Of Community Green Space: Is Georgia Ready To Combat Sprawl With Smart Growth?, Janice C. Griffith

Suffolk University Law School Faculty Works

Containing the ill effects of urban sprawl has become a cause celebre for many citizens who are experiencing a decline in the quality of life in the country's cities and suburban areas. Armed with smart growth principles, the new urbanists and many environmentalists advocate the return to more compact, mixed use patterns of development with neighborhood centers that are pedestrian oriented. They urge the development of more walkways, bicycle paths, and public transit hoping to decrease dependence upon the automobile.

This Article argues that the creation and preservation of permanently protected community green space must be addressed as an integral …

A Trust For All The People: Rethinking The Management Of Washington's State Forests, Daniel Jack Chasan

Seattle University Law Review

In this Article, I will first point out that neither the federal Enabling Act nor the Washington Constitution explicitly requires the state to hold its granted lands in trust for the common schools or other named institutions. Next, I will argue that even if the granted lands are trusts, they are not common law trusts and therefore should not be managed under common law trust principles. Third, I will demonstrate that neither Congress nor the framers of the Washington Constitution expected the lands to generate maximum revenue. Fourth, I will show that preventing thefts and giveaways of public land and …

Appeal No. 0670: Kermit Harris & Pearl Hendricks V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-73

The Engineering Aspects Of The Implied Covenant To Protect Against Drainage, Henry C. Coutret

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Resource Law Notes Newsletter, No. 47, Fall Issue, 1999, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Appeal No. 0667: Century Well Service V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-64

Treaties In The Mist, Jarred Kassenoff

Cardozo Journal of International and Comparative Law

The note argues that the survival of the mountain gorilla, a critically endangered species with only 300–350 individuals remaining, depends on strengthening international environmental treaties like CITES and addressing broader socio-political and economic factors. While CITES and the African Convention on Conservation provide important frameworks, their effectiveness is hindered by weaknesses such as lack of implementation, inadequate resources, and insufficient enforcement. The note emphasizes the need for treaties to shift from goal-oriented to implementation-oriented approaches, coupled with increased public awareness, political will, and resource allocation, to ensure the species’ survival.

International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye

PhD Dissertations

This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …

Appeal No. 0668: Dr. James Papitran V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-69

Appeal No. 0663: Halwell Company, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 99-20

Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson

Michigan Law Review

In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …

Appeal No. 0589: Estate Of M. Morrison V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-161

Appeal No. 0669: Dr. James Papritan V. Division Of Oil & Gas & Belden & Blake, Et Al.,, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 99-70

Appeal No. 0661: Halwell Company V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 99-24

Appeal No. 0671: Art & Carol Crann V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-103

Aboriginal Forestry: Community Management As Opportunity And Imperative, Deborah Curran, Michael M'Gonigle

Osgoode Hall Law Journal

In recognition that forests are one of their greatest resources, Aboriginal peoples are considering how altered tenure arrangements might uphold traditional values, including ecological integrity, while providing economic and employment opportunities. However, the federal and provincial forest management structures have historically precluded First Nations from helping to define, and participate in, the forest industry. The authors explore the legal and regulatory basis of forest management in Canada, and assess how it facilitates or impedes Aboriginal management of traditional areas. This is done through a legislative and policy analysis, and through the use of case studies from across Canada. The authors …

Appeal No. 0662: William C. Barteles, Et Al V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-11 (Energy Resources of America)

Appellant State Of Washington's Reply Brief - United States V. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

Answering Brief Of Appellee Quinault Indian Nation - United States V. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

Appellee Confederated Tribes Of The Chehalis Reservation Answering Brief - United States V. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

Salmon And The Endangered Species Act: Lessons From The Columbia Basin, Michael C. Blumm, Greg D. Corbin

Washington Law Review

Within the last decade, the Columbia Basin, once home to the world's largest salmon runs, has witnessed numerous listings of its signature natural resource under the Endangered Species Act (ESA). These listings have propelled the ESA into the forefront of land and water use decisionmaking across a vast landscape of the Pacific Northwest This Article examines the Columbia Basin salmon listings and their aftermath. Specifically, it considers the effect of the ESA's consultation requirements on hydroelectric, hatchery, harvest, and habitat decisionmaking. The Article draws several lessons from this examination, many of them surprising, including the assertion that the listings have …

The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello

Washington Law Review

Salmon play a significant role in the culture, economy, and ecology of Washington State. Their threatened extinctions have led to a string of listings under the federal Endangered Species Act. This Article considers our response to these listings and the relationship of that response to federal oversight. Part I discusses how the ESA will affect the actions and activities of state and local governments and the citizens they serve. Part II discusses the need for latitude on the part of the federal agencies in assessing the value of state conservation and recovery efforts. This Article concludes that the plight of …