Environmental Law Commons^™

Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Campur Tangan Pemerintah Dalam Pengelolaan Lingkungan: Sebuah Penelusuran Teoretis Berdasarkan Analisis Ekonomi Atas Hukum (Economic Analysis Of Law), Muhammad Andri Gunawan Wibisana

Jurnal Hukum & Pembangunan

Government intervention in environmental management can be considered to fall within CAC instruments. Despite the instruments are the most familiar and practiced, they are criticized since the CAC approach requires too much government intervention. This article observes that government intervention can be justified as an effort to correct market failures. The article also finds that intervention is warranted for some distributive reasons. However, the article also observes possibility that an intervention occurs due to regulatory capture by interest groups, to serve the interest of bureaucrats, or to function as a tollbooth. Indonesian environmental law shows that these CAC instruments still …

Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann

Sea Grant Law Fellow Publications

This document reviews the legal standards providing differential treatment of “public vessel” under federal regulations, including regulatory definitions of that term. In addition, it reviews language in key international legal instruments that provide similar special treatment for selected vessels owned by governments. This document is a supplement to Status of the U.S. Academic Research Fleet as Public Vessels under U.S. and International Law, which discusses the application of these and other legal authorities relevant to a determination of whether U.S. academic research fleet vessels are public vessels. The authorities presented here are separated by issuing agency (for regulatory citations). International …

Front Matter, Natural Resources I. Journal

Natural Resources Journal

No abstract provided.

Introduction, Natural Resources Vii Journal

Natural Resources Journal

No abstract provided.

Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja

Natural Resources Journal

Optimization models for California’s hydropower system are designed to be decision-support tools and aids for climate adaptation decision-making. In practice, they fall short of this goal. One potential explanation is that optimization models are not more successful because they are built on, and depend on, a misrepresentation of law and politics. The legal reality of California’s hydropower system is a web of networked jurisdictions of multiple federal and state agencies, with varying levels of coordination, long periods of legally obligated stability with rigid rules, and prone to conflict, but with multiple procedures for conflict resolution. Barriers to climate adaptation from …

Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar

Natural Resources Journal

Economic liberalization beginning in the early 1990s has represented a paradigm shift in policy discourse in India, from social welfare to economic growth. With its potential benefits of generating power for the growing economy and significant revenue through electricity sales and royalty payments, hydropower development has received center-stage in the hydrorich but economically weaker Himalayan states of India. Using an institutional approach to examine the evolution of laws and policies on electricity, land, environment, and water, this article seeks to uncover how prevailing legal and economic systems prioritize hydropower generation over other water uses. It argues that federal and state …

Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford

Natural Resources Journal

Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul

Natural Resources Journal

In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as other water …

Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang

Natural Resources Journal

Marine oil spill accidents have long been caused by ship collisions. However, the proliferation of offshore oil and gas installations portends a marked increase in oil spills from these sources. This presents a unique enforcement challenge for international and Chinese domestic systems for oil pollution liability and compensation that were developed in response to the threat of ship-based oil pollution. This article focuses on how the international liability and compensation regime for oil pollution has been implemented in China, and whether a combination of the international regime and domestic Chinese regulations could provide an adequate mechanism for holding offshore oil …

Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore

Natural Resources Journal

Food systems worldwide are threatened by climate change, as reflected, for example, in the diminished yields of fruits and vegetables and reduced production of global fisheries. This article discusses the threats of climate change on agricultural production and the need for agricultural adaptation. It posits that food insecurity must be considered in terms of climate change and its likely effects on food production. The article argues that agricultural mitigation and adaptation measures should must be pursued and communicated through the mechanisms of the Paris Agreement. In the United States, reducing food waste effectuated by the regulation on the culling of …

Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau

Natural Resources Journal

No abstract provided.

Does One Size Fit All? The Importance Of State Natural Resource Damage Assessment Laws, Elizabeth Conti

Catholic University Law Review

Natural Resource Damage Assessments (NRDAs) are necessary for the purpose of ensuring restoration and revitalization to natural resources harmed or destroyed by environmental contaminations, whether natural or manmade. Many federal laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act (OPA), and the Federal Water Pollution Control Act (CWA) are available to assess damages to natural resources. However, their effectiveness is limited due to factors such as lack of resources and funding, political intervention, and a multitude of damages to assess spread throughout the country. Many states have taken the lead in enacting NRDA …

How Did They Become Law?: A Jurisprudential Inquiry About The Outcome Principles Of Historic United Nations Environmental Conferences, Woong Kyu Sung

Georgia Journal of International & Comparative Law

No abstract provided.

Bow To The Silver King: Using Transboundary Rivers To Protect Tarpon, Jd Howard

Georgia Journal of International & Comparative Law

No abstract provided.

From Shark Finning To Shark Fishing: A Strategy For The U.S. & Eu To Combat Shark Finning In China & Hong Kong, Jeremy Iloulian

Duke Environmental Law & Policy Forum

Globally, the shark population is under extreme stress, primarily due to the rise of China and a growing middle class with a taste for a cultural dish: shark fin soup. Sharks play an important ecologic role and can be extremely beneficial to the local economy. They can also be an important food source for people if harvested sustainably and not in a manner that challenges the morality of humans’ relationship with the ocean; something the current shark finning practices do. Approaches to sustainable shark fishing at the international and domestic level have met some success. Even so, China and Hong …

Conserving Parks, Transforming Lives: How The Student Conservation Association Is Shaping The Next 100 Years Of National Parks And The Next Generation Of American Youth, Liz Putnam

Akron Law Review

The National Park Service greeted a record-shattering 307.2 million visitors in 2015. Ironically, however, national parks are becoming irrelevant to large segments of our society. The typical national park visitor is approaching retirement age. Nearly four in five visitors are White, despite the fact that Whites currently make up less than 63% of the US population and are on pace to be in the minority by 2044. Throw in the nature-deficit disorder epidemic among today’s youth and the ongoing shift in our population to urban areas, and the trends do not bode well for the future of our parks.

The …

Alaska: Extraordinary Parks, Extraordinarily Complicated, Julie Lurman Joly

Akron Law Review

In many ways, national parks in Alaska face the same difficulties as other parks nationwide: pockets of strong anti-federal sentiment, increasingly high usage rates (at least in a couple of Alaska parks) leading to resource degradation, decreasing funding, and increasing maintenance costs. On the other hand, Alaska parks are completely unique in their circumstances. Many parks in Alaska receive few to no visitors each year, and Alaska parks contain vast tracts of land and resources but are managed by the barest minimum number of employees. Furthermore, Alaska’s national parks operate in a more complex legal environment than most other national …

The National Park System And Nepa: Non-Impairment In An Age Of Disruption, Jamison E. Colburn

Akron Law Review

We live in an age of disruption. “Disruptive innovations,” typically digital in nature, create new markets and value chains that grow and overthrow market leaders and other incumbents. The founders of our National Park System and National Park Service (NPS) had little sense of such disruption and, judging by how our park ideals have fared in recent decades, too little sense of how disruption works in nature, either. The parks embody a set of ideals and, as one of the most noted inventions of America’s democracy, sit in uneasy tension with the constant disruption of nature’s composition and function. The …

The National Park Service At 100, Donald J. Hellmann

Akron Law Review

In its first century, the National Park Service was transformed from an agency that managed a small number of western parks to one responsible for over 400 sites across the country. The management of these park sites has changed as well, with many new parks structured as a partnership effort between the National Park Service and surrounding cities and towns, as well as non-profit organizations and friends groups. The Park Service has had its work extended by Congress to reach beyond park boundaries in order to help states and local governments with resource preservation and the development of recreational opportunities …