Natural Resources Law Commons^™

Eastern Water Diversion Permit Statutes: Precedents For Missouri, Peter N. Davis

Faculty Publications

This Article examines the need in Missouri for a water diversion permit statute and suggests the form such a statute should take.

Municipality's Aircraft Noice Control Ordinances Upheld, Raymond T. Van Arnam

Natural Resources Journal

No abstract provided.

The Washington Forest Practices Act: When Is Compliance With Sepa Required?, Christine M. Cordes

Seattle University Law Review

This comment analyzes the problems created by the Forest Practices Act’s scheme for environmental review. First, the comment examines the statutory definitions of the forest practices classes, determining which forest practice classes are within the scope of SEPA review under the FPA. Second, the comment discusses the effect of the 1981 State Environmental Policy Act amendment on the types of forest practices exempt from SEPA. The comment further points out the failure of the existing forest practices regulations to achieve the policy balance required by the FPA. The comment’s conclusion is two-fold: the Classic “U” holding best represents the legislature’s …

Preface: On Natural Resources As An Area Of The Law, David H. Getches

Publications

No abstract provided.

Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson

Publications

No abstract provided.

Book Review, Charles F. Wilkinson

Publications

No abstract provided.

Managing The Public Lands: The Authority Of The Executive To Withdraw Lands, David H. Getches

Publications

No abstract provided.

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

Articles

In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due.

Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I …

Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.

Articles

This Article attempts to bring people back into legal analysis by drawing upon behavioral preferences of human beings suggested by the laws of biology. Biological theory offers no all-encompassing explanations of legal outcomes, although it offers important, and much neglected, partial explanations.

That the law can be explained in this light suggests that courts have a view of human nature departing from the caricatures of much contemporary legal theory. We take as our setting an issue faced by each society in every era-property rights in natural resources.

Part I takes up the task of theory development by recanvassing property theory …

An Act Authorizing The Secretary Of The Army To Release San Juan-Chama Project Water For Storage In Abiquiu And Elephant Butte Reservoirs, Congress Of The United States

Law of the Rio Grande

No abstract provided.

Reply Brief Of Duwamish, Samish, Snohomish, Snoqualmie, And Steilacoom Tribes - Duwamish, Samish, Snohomish, Snoqualmie And Steilacoom Indian Tribes V. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

Duwamish, Samish, Snohomish, Snoqualmie and Steilacoom Indian Tribes v. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

No abstract provided.

Agreement: Procedures For The Storage And Release Of Indian Water Entitlements Of The Six Middle Rio Grande Pueblos, Bureau Of Reclamation

Law of the Rio Grande

Section 11 of the March 17, 1980 Agreement between the United States Government by the Secretary of the Interior and the Middle Rio Grande Conservancy District (MRGCD), provides for a quantity of water to be stored in the El Vado Reservoir in order to ensure the prior and paramount water rights of 8.847 acres of land as designated of the Six Middle Rio Grande Pueblos (SMRGP) of Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta.

Brief For The United States In Opposition - Duwamish, Samish, Snohomish, Snoqualmie And Steilacoom Indian Tribes V. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

Duwamish, Samish, Snohomish, Snoqualmie and Steilacoom Indian Tribes v. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

No abstract provided.

The Obligation To Reforest Private Land Under The Washington Forest Practices Act, Catherine Phillips Plummer

Washington Law Review

Private landowners in Washington have been required to reforest land after logging since 1945. The Washington Forest Practices Act of 1974 and its predecessor have primarily affected the state's timber industry, which has long been familiar with the reforestation requirement. Many nonindustrial forest landowners, however, are unaware of the requirements of the 1974 Act. The 1974 Act requires that any owner of forest land who removes the trees for any reason, whether to log one hundred acres for income or to clear one acre for a homesite, must satisfy the reforestation requirements of the Act. Part I of this comment …

The Obligation To Reforest Private Land Under The Washington Forest Practices Act, Catherine Phillips Plummer

Washington Law Review

Private landowners in Washington have been required to reforest land after logging since 1945. The Washington Forest Practices Act of 1974 and its predecessor have primarily affected the state's timber industry, which has long been familiar with the reforestation requirement. Many nonindustrial forest landowners, however, are unaware of the requirements of the 1974 Act. The 1974 Act requires that any owner of forest land who removes the trees for any reason, whether to log one hundred acres for income or to clear one acre for a homesite, must satisfy the reforestation requirements of the Act. Part I of this comment …

Brief Of Respondent The Tulalip Tribes Of Washington In Opposition To Petition For Writ Of Certiorari - Duwamish, Samish, Snohomish, Snoqualmie And Steilacoom Indian Tribes V. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

Duwamish, Samish, Snohomish, Snoqualmie and Steilacoom Indian Tribes v. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

No abstract provided.

Appendix To Reply Brief Of Appellants - United States V. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

United States v. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

No abstract provided.

Coal Policy--Need It Be The West Against The Rest?, C. Peter Goplerud Iii, Duffy Ruimerman

University of Michigan Journal of Law Reform

This Article will analyze the legal issues involved in this "West against the rest" conflict. While numerous areas of disagreement exist within the larger picture of Western-federal relations, the Article will focus on two specific issues of present concern. First, the Article will explore the role of the states under the Surface Mining Control and Reclamation Act of 1977. This section includes an analysis of recent litigation involving regulations promulgated by the Secretary of the Interior relating to the establishment of state mining programs. Second, the Article will address the imposition of state severance taxes on coal, with particular emphasis …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Reader Response, Natural Resources Journal

Natural Resources Journal

No abstract provided.

The Protection Of American Antiquities: 1906-1981, Sandra Kemrer

Natural Resources Journal

No abstract provided.

Reply Brief Of Appellants - United States V. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

United States v. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

No abstract provided.

Certain Imperial Irrigation District Land Not Subject To Acreage Limitation Of Federal Reclamation Laws, Jane C. Cohen

Natural Resources Journal

No abstract provided.

District Court Review Of Nrc's Three Mile Island Decisions Upheld, Paula Z. Hanson

Natural Resources Journal

No abstract provided.

Appeal No. 0030: Seefried Oil Company V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

No abstract provided.

Appeal No. 0031: Williston Oil And Development Corporation V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

No abstract provided.

Appellant's Reply Brief - United States V. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

United States v. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

No abstract provided.

Petition For Writ Of Certiorari - Duwamish, Samish, Snohomish, Snoqualmie And Steilacoom Indian Tribes V. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

Duwamish, Samish, Snohomish, Snoqualmie and Steilacoom Indian Tribes v. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

No abstract provided.

Brief Of Plaintiff-Intervenor-Appellee Indian Tribes - United States V. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

United States v. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

No abstract provided.

Brief For Appellee United States - United States V. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

United States v. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

No abstract provided.