The Role Of International Law In Intrastate Natural Resource Allocation,
2012
Vanderbilt University Law School
The Role Of International Law In Intrastate Natural Resource Allocation, Lillian A. Miranda
Vanderbilt Journal of Transnational Law
State natural resource development projects have become sites of intense political, social, and cultural contestation among a diversity of actors. In particular, such projects often lead to detrimental consequences for the empowerment, livelihood, and cultural and economic development of historically marginalized communities. This Article fills a gap in the existing literature by identifying and analyzing emerging international law approaches that impact the intrastate allocation of land and natural resources to historically marginalized communities, and thereby, carve away at states' top-down decision-making authority over development. It argues that while international law may have only been originally concerned with the allocation of …
Wilderness, Water, And Climate Change,
2012
Alexander Blewett III School of Law at the University of Montana
Wilderness, Water, And Climate Change, Sandra B. Zellmer
Faculty Law Review Articles
As the nation searches for climate mitigation and adaptation strategies, the pressure to develop water resources within wilderness areas and to exploit the timber, forage, wildlife, fish, and other virtually untapped components of wilderness will become more acute. This Article makes the case that managers and legislatures should not yield to this pressure and argues that, if anything, the need to preserve untrammeled wilderness characteristics is just as imperative today as it was in 1964 when the Wilderness Act was passed The Article examines the potency of the Wilderness Act and a trio of federal water law doctrines-federally reserved water …
Current Events: Reflections On Solar Power Generators' Ground Leasing Of Vacant Tracts,
2012
Bonnett, Fairbourn, Friedman & Balint, P.C.
Current Events: Reflections On Solar Power Generators' Ground Leasing Of Vacant Tracts, Michael N. Widener
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Valuing Derivative Suits In Mergers Of Food And Natural Resource Corporations Through Analyzing The Massey And Alpha Natural Resources Merger: Methods Of Ensuring Corporate Accountability And Maximizing Shareholder Value,
2012
University of Kentucky
Valuing Derivative Suits In Mergers Of Food And Natural Resource Corporations Through Analyzing The Massey And Alpha Natural Resources Merger: Methods Of Ensuring Corporate Accountability And Maximizing Shareholder Value, Robert Proudfoot
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012),
2012
UIC School of Law
The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman
UIC Law Review
No abstract provided.
Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012),
2012
UIC School of Law
Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb
UIC Law Review
No abstract provided.
The Water Marketing Solution,
2012
University of Colorado Law School
Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?,
2012
University of Colorado Law School
Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis
Publications
No abstract provided.
California's War Over The Bay-Delta: Historic Failures And Current Battles,
2012
Claremont McKenna College
California's War Over The Bay-Delta: Historic Failures And Current Battles, Jessica J. Mao
CMC Senior Theses
California has one highly-coveted possession: the Bay-Delta, which is the second largest estuary in the United States. Today, tensions are higher than ever as Southern California continues to grow and demand water from the Delta, agriculture suffers from drought and less-than-promised water allocations, and aquatic life diminishes due to environmentally damaging processes like pumping and exporting of water elsewhere. This paper will examine the historic policies that have shaped how the Delta has been managed, their successes and failures, and current plans in discussion for continuing improvement of the Delta. The Bay-Delta Conservation Plan and the Sacramento-San Joaquin Valley Water …
Table Of Contents,
2012
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification,
2012
Washington and Lee University School of Law
Developing And Diffusing Green Technologies: The Impact Of Intellectual Property Rights And Their Justification, Jonathan M.W.W. Chu
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution,
2012
Hopkins-Nanjing Center
Creating Regional Environmental Governance Regimes: Implications Of Southeast Asian Responses To Transboundary Haze Pollution, Roda Mushkat
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011),
2012
Washington & Lee School of Law
Chevron Corporation V. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), Anaeli C. Sandoval
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011),
2012
Washington & Lee School of Law
National Electrical Manufacturers Association V. United States Department Of Energy, 654 F.3d 496 (4th Cir. 2011), Emily C. Walters
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Is A Substantive, Non-Positivist United States Environmental Law Possible?,
2012
Chicago-Kent College of Law
Is A Substantive, Non-Positivist United States Environmental Law Possible?, Dan Tarlock
Michigan Journal of Environmental & Administrative Law
U.S. environmental law is almost exclusively positive and procedural. The foundation is the pollution control and biodiversity conservation statutes enacted primarily between 1969–1980 and judicial decisions interpreting them. This law has created detailed processes for making decisions but has produced few substantive constraints on private and public decisions which impair the environment. Several substantive candidates have been proposed, such as the common law, a constitutional right to a healthy environment, the public trust, and the extension of rights to fauna and flora. However, these candidates have not produced the hoped for substantive law. Many argue that a substantive U.S. environmental …
Hydrofracking: Disturbances Both Geological And Political: Who Decides?,
2012
Elisabeth Haub School of Law at Pace University
Hydrofracking: Disturbances Both Geological And Political: Who Decides?, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
There is much controversy about the mining of shale gas through a process known as hydraulic fracturing (hydrofracking) in the Marcellus Shale formation, one of the largest shale gas areas in the world. A debate is raging about its economic benefits and environmental impacts as the New York State’s Department of Environmental Conservation (DEC) considers what standards to require when it issues permits to drillers. New York State law gives permitting authority to DEC and calls into question the historical home rule authority of localities to control the location and land use impacts of gas wells, through comprehensive planning, zoning, …
The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law,
2012
University of Michigan Law School
The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann
Articles
When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated the environmental …
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law,
2012
University of Missouri - Kansas City, School of Law
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Wetlands, Property Rights, And The Due Process Deficit In Environmental Law,
2012
Case Western University School of Law
Wetlands, Property Rights, And The Due Process Deficit In Environmental Law, Jonathan H. Adler
Faculty Publications
In Sackett v. Environmental Protection Agency a unanimous Supreme Court held that private landowners could seek judicial review of an Administrative Compliance Order issued by the Environmental Protection Agency alleging that their land contained wetlands subject to regulation under the Clean Water Act. The Court’s decision rested on statutory grounds, but the same result may have been dictated by principles of due process. Under the CWA, federal regulators have asserted authority over waters and dry lands alike and sought to expand federal jurisdiction well beyond constitutional limits. Under existing regulations, landowners have little notice or certainty as to whose lands …
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization,
2012
University of New Mexico
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
