Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade,
2013
The Peter A. Allard School of Law
Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade, Lorraine Elliott
Transnational Business Governance Interactions Working Papers
This paper examines the disconnect between the literature on and practice of legality verification (LV) in the forest sector and what would seem to be a logical extension into the literature on and responses to forest crime and, more specifically, transnational criminality associated with trade in illegally logged timber. The apparently logical overlap between these two areas of endeavour arises because both are dealing with aspects of supply chains or chains of custody involving raw timber, forest products or timber products more generally. The disconnect, I suggest here, arises because of a lack of 'joined up thinking' between the two …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition,
2013
University of Maryland Francis King Carey School of Law
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Book Gallery
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause,
2013
University of Maryland Francis King Carey School of Law
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Faculty Scholarship
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
Getches Wilkinson Center Newsletter, Winter/Spring 2013,
2013
University of Colorado Law School
Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources,
2013
Florida A&M University College of Law
Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink
Florida A & M University Law Review
This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska Native leadership in the management framework. Part I summarizes the management challenge posed by the effects rapid climate change is causing in the Arctic, including impacts to the marine subsistence resources upon which Alaska Natives depend. Part II explores the laws and doctrines related to Alaska Native subsistence …
A New And Improved Energy Reality—It's No Pipedream: Streamlining Permitting Procedures For Certain Classes Of Natural Resource Projects: The Canada-United States Keystone Xl Pipeline,
2013
University at Buffalo School of Law
A New And Improved Energy Reality—It's No Pipedream: Streamlining Permitting Procedures For Certain Classes Of Natural Resource Projects: The Canada-United States Keystone Xl Pipeline, Daniel Hare
Buffalo Environmental Law Journal
In this paper I propose an original policy solution to the complicated issue of permitting and regulatory review for cross-border natural resource projects to allow for a smoother quicker approval process for certain types of projects. I have specifically designed this new procedure so as to focus on political compromise and minimize political partisanship, while instead concentrating on achieving results. By modi ing the current regulatory standard to a more streamlined model, deserving cross-border natural resource projects can swiftly gain approval, yet environmental, economic, foreign policy, national securit), and other significant concerns will still receive the attention and thorough evaluation …
The Collaborative Forest Landscape Restoration Program: A Panacea For Forest Service Gridlock Or A New Name For Old Saws?,
2013
University at Buffalo School of Law
The Collaborative Forest Landscape Restoration Program: A Panacea For Forest Service Gridlock Or A New Name For Old Saws?, Brett M. Paben
Buffalo Environmental Law Journal
Over the past several decades, the element of management most common to the 155 national forests across the country has been gridlock. Efforts of the US. Forest Service to appease the various interests of environmentalists, recreationists, timber companies, mill operators, and local politicians in management decisions have often led to a stalemate wh1e re the only answer has been to do nothing or very little or face administrative appeals and subsequent litigation from one of the affected interests. In the meantime, our national forests are facing unprecedented environmental threats, including uncharacteristic wildfire, possibly the largest insect infestation in North American …
The 2013 Philip C. Jessup International Law,
2013
Nova Southeastern University
The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia
ILSA Journal of International & Comparative Law
On behalf of Alfurna ("the Applicant") and the State of Rutasia ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the Alfurnan Migrants, signed in The Hague, The Netherlands, on the fourteenth day of September in the year two thousand twelve.
Hard, Soft & Uncertain: The Guarani Aquifer And The Challenges Of Transboundary Groundwater,
2013
Elisabeth Haub School of Law at Pace University
Hard, Soft & Uncertain: The Guarani Aquifer And The Challenges Of Transboundary Groundwater, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
This Article begins with an overview of the ecology of the Guarani Aquifer region before turning to the legal and ecological problems it faces. Because the majority of the Guarani Aquifer underlies Brazil (with the rest residing below Argentina, Paraguay, and Uruguay), the laws and policies of Brazil have a significant managerial impact. Consequently, the Brazilian legal regime forms the focus of the first Part of the Article. The Article then analyzes the international transboundary framework before turning to the recently enacted Agreement on the Guarani Aquifer. This Agreement, signed but not yet ratified by four countries, represents a major …
Land Use And Climate Change: Lawyers Negotiating Above Regulation,
2013
Elisabeth Haub School of Law at Pace University
Land Use And Climate Change: Lawyers Negotiating Above Regulation, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Sea level rise requires a new paradigm for controlling the development of coastal lands that are in harm’s way, calling for adjustments in the law, legal practice, and legal education. This article discusses the historical tendency of the law to adjust to changes in society and the recent emergence of new legal institutions and strategies for mitigating and adapting to climate change, particularly sea level rise. It illustrates how the lack of certainty about the extent and pace of sea level rise collides with the total takings doctrine of the Lucas case to frustrate the application of traditional land use …
Challenges To China's Natural Resources Conservation And Biodiversity Legislation,
2013
Elisabeth Haub School of Law at Pace University
Challenges To China's Natural Resources Conservation And Biodiversity Legislation, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Despite China's legislative attempts to conserve its natural resources and in turn protect biodiversity, Chinese law in many aspects remains ineffective in pursuit of these goals due to struggles with implementation, enforcement, and insufficient public participation, as well as legislative prioritization of economic values over ecological ones. This Article provides an overview of biodiversity and conservation legislation in China, and suggests that China can improve this legislation by increasing the public's role in conservation efforts, increasing liability and enforcement mechanisms, and improving administrative coordination.
"Turn On The Lights" -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan,
2013
Pace Law School
"Turn On The Lights" -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
Hydrokinetic energy is an under-recognized, low-cost renewable technology that can be deployed in Pakistan through a robust national energy strategy and international investment schemes to tackle the country’s acute energy crisis. This article will show how national and local laws can be amended to favor progress in the sustainable energy sector and achieve hydrokinetic energy production in Pakistan, which if actualized, would be nothing short of a game changer—strategically and environmentally. Despite current legal regimes that disfavor small scale hydroelectric power production, Pakistan and other less developed countries can adapt and deploy hydrokinetic technology through revamped investment laws, regulatory rules, …
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development,
2013
Pace Law School
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
Elisabeth Haub School of Law Faculty Publications
Soaring energy demands and increasing technological innovation have led to the rapid exploitation of offshore oil and gas exploration and development. This Article seeks to examine elements of risk preparedness and corporate social responsibility in the context of the underwater natural gas pipeline in the Eastern Caribbean and the exploration of Florida's potential offshore energy reserves. I discuss these two case studies to illustrate the prevalence of emerging regional energy corridors in previously unfathomable tropical and subtropical locales known for tourism-intensive commercial activity. While images of environmental degradation of the 2010 BP oil spill remain entrenched in the collective consciousness, …
Frameworks For Amending Reservoir Water Management,
2013
University of New Mexico
Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda
Publications
Managing water storage and withdrawals in many reservoirs requires establishing seasonal targets for water levels (i.e., rule curves) that are influenced by regional precipitation and diverse water demands. Rule curves are established as an attempt to balance various water needs such as flood control, irrigation, and environmental benefits such as fish and wildlife management. The processes and challenges associated with amending rule curves to balance multiuse needs are complicated and mostly unfamiliar to non-US Army Corps of Engineers (USACE) natural resource managers and to the public. To inform natural resource managers and the public we describe the policies and process …
Winter 2013 Utton Center Newsletter,
2013
University of New Mexico
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism,
2013
University of Colorado Law School
The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah I. Williamson
University of Colorado Law Review
federal power advancing national conservation objectives collided with traditional, local economic interests on public lands in the 1970s. This Article connects that history with current approaches to natural resources federalism. New Mexico challenged the Wild Free-Roaming Horses and Burros Act, which diminished both state jurisdiction and rancher influence over public rangelands. In response, the Supreme Court resoundingly approved federal authority to reprioritize uses of the public resources, including wildlife, and spurred a lasting backlash in the West. Further legislation passed in the wake of Kleppe transformed this unrest into a political movement, the Sagebrush Rebellion. Though Kleppe failed to undermine …
Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches,
2013
University of Colorado Law School
Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson
University of Colorado Law Review
No abstract provided.
The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures,
2013
University of Oklahoma College of Law
The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk
Oklahoma Law Review
No abstract provided.
The Increasing Privatization Of Environmental Permitting,
2013
University of Miami School of Law
The Increasing Privatization Of Environmental Permitting, Jessica Owley
Articles
No abstract provided.
Compartmentalized Thinking And The Clean Water Act,
2013
University of Florida Levin College of Law
Compartmentalized Thinking And The Clean Water Act, Christine A. Klein
UF Law Faculty Publications
Modern water pollution control traces back to the Federal Water Pollution Control Act of 1972 (Clean Water Act or CWA). Like other statutes of its period, the CWA addresses pollution of a single medium, water. Despite its goal of achieving aquatic integrity, the CWA succumbs to what this article refers to as “compartmentalized thinking.” That is, in drafting the CWA, Congress created a series of regulatory boxes that separate water into constituent parts recognized by law, but not by nature. Undertaking a deeper examination of the fragmentation instinct, this article turns to political theory and cognitive psychology for explanations. In …
