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Articles 1 - 30 of 92
Full-Text Articles in Water Law
Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn
Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn
Journal of Ocean and Coastal Economics
The European Marine Strategy Framework Directive, which came into force in 2008, requires from Member States inter alia to perform various (types of) economic analyses. In order to help Member States to implement this directive, the European working group on Economic and Social Analysis was initiated in 2009. This working group has developed various guidance documents which have been very useful in helping each other to understand the Directive and its requirements, to develop one language, to understand the pros and cons of various approaches, and to share experiences. However, up until now, outside of this working group this information …
Contracting For Sustainable Surface Management, Tara Righetti
Contracting For Sustainable Surface Management, Tara Righetti
Arkansas Law Review
This article examines the surface damage agreement as an instrument of private governance. Part I describes split-estate ownership of oil and gas and the historic dominant-servient ordering of the mineral and surface estates. Part II explores the rebalancing of power effectuated by split estate acts and statutory requirements to contract for surface damages in both state and federal law. Part III examines the surface damage agreement and provides a catalog of common environmental provisions and covenants within those agreements. Part IV analyses surface damage agreements within the framework of private governance instruments, identifying their benefits and exploring the limitations of …
Measuring Brief (Fossil Creek Watchers, Inc.), Lowell J. Chandler, Nathan A. Burke
Measuring Brief (Fossil Creek Watchers, Inc.), Lowell J. Chandler, Nathan A. Burke
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Enerprog, Llc), Mehrded Safvati, Joshua Smith, Gabriela S. Perez
Measuring Brief (Enerprog, Llc), Mehrded Safvati, Joshua Smith, Gabriela S. Perez
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Epa), Zachary Jones, Narayan Subramanian, Shravya Govindgari
Measuring Brief (Epa), Zachary Jones, Narayan Subramanian, Shravya Govindgari
Pace Environmental Law Review Online Companion
No abstract provided.
2018 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2018 Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski
Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
To what extent must the BLM analyze potential climate change impacts where millions of acres of public lands and federal mineral estates are being considered for coal development? Western Organization of Resource Councils v. BLM addresses this, setting the scope for NEPA-mandated environmental impact analysis and reasonable alternative consideration by federal agencies. Judge Brian Morris of the District of Montana eschewed BLM’s assertions that considering climate impacts would be speculative, instead requiring BLM to acknowledge scientific reality and include modern climate science in its NEPA review analysis.
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey
Public Land & Resources Law Review
Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor …
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Public Land & Resources Law Review
As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public Land & Resources Law Review
In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Public Land & Resources Law Review
Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages special-interest …
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Public Land & Resources Law Review
No abstract provided.
Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic
Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic
Public Land & Resources Law Review
No abstract provided.
Center For Biological Diversity V. Zinke, Ryan Hickey
Center For Biological Diversity V. Zinke, Ryan Hickey
Public Land & Resources Law Review
The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …
When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs
When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs
William & Mary Environmental Law and Policy Review
It may seem surprising to see such concern over groundwater usage in a state like Wisconsin. While known for its dairy and cheese production, Wisconsin is first in the nation for producing snap beans and cranberries. Agriculture contributes $88.3 billion annually to Wisconsin’s economy alone. In addition to bordering two of the Great Lakes, Lake Michigan and Lake Superior, Wisconsin boasts that it is home to about 15,000 lakes. And this does not include the numerous rivers and streams throughout the state. These facts alone may make Wisconsin seem an unlikely place for disputes over groundwater, as water seems to …
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains
Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains
Public Land & Resources Law Review
Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA request …
A Fish Out Of Water: Why The Gao's Approach To Finding Agency Propaganda Is Inadequate In The Social Media Age, Jennifer Pierce
A Fish Out Of Water: Why The Gao's Approach To Finding Agency Propaganda Is Inadequate In The Social Media Age, Jennifer Pierce
Cardozo Law Review
No abstract provided.
Recent Developments In Marine Insurance Law And Consequences For Iran, Mohammad Ali Majd
Recent Developments In Marine Insurance Law And Consequences For Iran, Mohammad Ali Majd
LLM Theses
The United Kingdom Insurance Act 2015 entered into force on 12 August 2016. It introduced major changes to some provisions of the Marine Insurance Act 1906 which has been the principal model for establishing marine insurance law and practice not only in common law jurisdictions, but also in some civil law countries. The main areas of change are the duty of fair presentation, warranties, insurer’s remedies for fraudulent claims and damages for the late payment of claims. This thesis investigates how uniformity in international marine insurance law can be promoted by virtue of the new changes in English law and …
Murr And Wisconsin: The Badger State's Take On Regulatory Takings
Murr And Wisconsin: The Badger State's Take On Regulatory Takings
Marquette Law Review
None.
The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach, Matthew J. Mckissick
The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach, Matthew J. Mckissick
Nevada Law Journal
No abstract provided.
Current Developments In Indian Water Law And Treaty Rights: Old Promises, Recent Challenges, And The Potential For A New Future, Monte Mills
Faculty Books & Book Chapters
Chapter nine of 64 Rocky Mt. Min. L. Inst. 9-1 (2018).
Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek
Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida's Impaired Waters Rule: Is There A "Method" To The Madness?, Cynthia D. Norgart
Florida's Impaired Waters Rule: Is There A "Method" To The Madness?, Cynthia D. Norgart
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida Water Resource Development: A Call For Statewide Leadership, Charles R. Fletcher
Florida Water Resource Development: A Call For Statewide Leadership, Charles R. Fletcher
Florida State University Journal of Land Use and Environmental Law
In his article, Florida Water Resource Development: A Call for Statewide Leadership, Charles R. Fletcher argues that Florida's current drought is due to a lack of statewide leadership in water resource planning and development. In discussing how Florida might improve its system, Mr. Fletcher surveys water resource development in North Carolina, New York, Texas, Kansas, Arizona, and California. These states offer alternatives to Florida's current system, and Mr. Fletcher identifies a number of proposals to effectively increase water resource development in Florida without the need for revision of Florida's administrative water use permitting system.
Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless
Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Getting The Most Valuable Water Supply Pie: Economic Efficiency In Florida's Reasonable-Beneficial Use Standard, Phyllis Park Saarinen, Gary D. Lynne
Getting The Most Valuable Water Supply Pie: Economic Efficiency In Florida's Reasonable-Beneficial Use Standard, Phyllis Park Saarinen, Gary D. Lynne
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Ordinary High Water Boundary On Freshwater Lakes And Streams: Origin, Theory, And Constitutional Restrictions, David Guest
The Ordinary High Water Boundary On Freshwater Lakes And Streams: Origin, Theory, And Constitutional Restrictions, David Guest
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida's Ocean Future: Toward A State Ocean Policy, Donna R. Christie
Florida's Ocean Future: Toward A State Ocean Policy, Donna R. Christie
Florida State University Journal of Land Use and Environmental Law
No abstract provided.