A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group,
2011
Duke Law School
A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang
Faculty Scholarship
The Deepwater Horizon (DWH) well blowout released more petroleum hydrocarbons into the marine environment than any previous U.S. oil spill (4.9 million barrels), fouling marine life, damaging deep sea and shoreline habitats and causing closures of economically valuable fisheries in the Gulf of Mexico. A suite of pollutants — liquid and gaseous petroleum compounds plus chemical dispersants — poured into ecosystems that had already been stressed by overfishing, development and global climate change. Beyond the direct effects that were captured in dramatic photographs of oiled birds in the media, it is likely that there are subtle, delayed, indirect and potentially …
The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism,
2011
Indiana University Maurer School of Law
The Story Of Kleppe V. New Mexico: The Sagebrush Rebellion As Un-Cooperative Federalism, Robert L. Fischman, Jeremiah Williamson
Articles by Maurer Faculty
The story of Kleppe v. New Mexico dramatizes how assertion of 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 …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition),
2011
University of Maryland School of Law
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
Urban Green Uses: The New Renewal,
2011
Case Western Reserve University School of Law
Urban Green Uses: The New Renewal, Catherine J. Lacroix
Faculty Publications
As they confront dramatically reduced population and little prospect of significant near-term growth, several cities in the rust belt have turned to innovative tactics to put excess land to beneficial use. These measures include the creation of active land banks, downzoning for "green" uses such as urban agriculture, possible consolidation of population and abandonment of utility and public services, and installation of green infrastructure, such as stormwater retention and renewable power generation facilities, on publicly owned land. In the process, these cities face intriguing legal questions: What steps are needed to form an effective land bank? What is the liability …
Taxation Of Unmined Coal In Kentucky,
2011
University of Kentucky
Taxation Of Unmined Coal In Kentucky, Jesse M. Parrish
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Problem Of Environmental Monitoring,
2011
University of Colorado Law School
The Problem Of Environmental Monitoring, Eric Biber
University of Colorado Law Review
Environmental law depends on the regular collection of accurate information about the state of the natural environment ("ambient monitoring") in order to assess the effectiveness of current regulatory and management policies and to develop new reforms. Despite the central role that ambient monitoring plays in environmental law and policy, the scholarly literature has almost ignored the question of whether and how effective ambient monitoring will take place-even though there is ample evidence that our current ambient monitoring data have extensive gaps and significant flaws. Moreover, the importance of ambient monitoring will only increase in the future with the shift to …
Conservation Easements At The Climate Change Crossroads,
2011
University of Miami School of Law
Conservation Easements At The Climate Change Crossroads, Jessica Owley
Articles
No abstract provided.
The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm,
2011
University of Florida Levin College of Law
The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine A. Klein
UF Law Faculty Publications
Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska ex rel. Douglas. Determining that groundwater is an article of commerce, the Court held invalid under the dormant Commerce Clause a provision of a Nebraska statute limiting water export. The issue has again come into the national spotlight, as the Tarrant Regional Water District of Texas has challenged Oklahoma legislation limiting water exports, and as Wind River L.L C …
Three Meta-Lessons Government And Industry Should Learn From The Bp Deepwater Horizon Disaster And Why They Will Not,
2011
University of Florida Levin College of Law
Three Meta-Lessons Government And Industry Should Learn From The Bp Deepwater Horizon Disaster And Why They Will Not, Alyson C. Flournoy
UF Law Faculty Publications
There are many law and policy lessons to be learned from the BP Deepwater Horizon disaster and its aftermath. Some are lessons specific to the BP oil well blowout. Regrettably, Congress has failed to enact even these critical reforms, although some important regulatory reforms have been adopted. This Article focuses on three broader lessons that this disaster should also teach, but that are very unlikely to be learned; lessons that could help to reduce the risk of future disasters. These meta-lessons suggest the need to: (1) learn from the next disaster—not the last one; (2) learn from the blueprint of …
Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements,
2011
University of Miami School of Law
Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley
Articles
No abstract provided.
Images Of Force: The Power Of Maps In Community Development,
2011
Washington and Lee University School of Law
Images Of Force: The Power Of Maps In Community Development, Jill M. Fraley
Scholarly Articles
Recent trends in critical geography have drawn attention to the secret political lives of maps. Beneath a veneer of abstraction and scientific neutrality, maps are deeply political devices, embedding within them perspectives on what is important in a community, what are assets and what are liabilities, what is central and what is marginal. By drawing on the historical example of the mapping work of the Tennessee Valley Authority in the United States, this article examines the power of maps in community development, land use planning and natural resource allocation. This examination yields a lesson in the significance of the maps …
Enforcing The Rules: Government And Citizen Oversight Of Mining,
2011
Revenue Watch Institute
Enforcing The Rules: Government And Citizen Oversight Of Mining, Erin Smith, Peter Rosenblum
Human Rights Institute
In recent history, mining has failed to deliver many of the benefits citizens expect, particularly in poorer nations rich in natural resources and high in hopes. Many of the reasons remain unclear. In some cases, the problem is linked to bad deals with mining companies. But no matter the quality of the deal, other problems arise from failure to effectively monitor and enforce the existing obligations. This report examines the monitoring of mining obligations, characterizes the main gaps, identifies policy options and good practices, and proposes practical ways for both government and civil society to improve monitoring and enforcement.
Legal And Commercial Models For Pore-Space Access And Use For Geologic Co2,
2011
Carnegie Mellon University
Legal And Commercial Models For Pore-Space Access And Use For Geologic Co2, R. Lee Gresham, Owen L. Anderson
Faculty Articles
No abstract provided.
Lord Coke, The Restatement, And Modern Subsurface Trespass Law,
2011
University of Oklahoma College of Law
Lord Coke, The Restatement, And Modern Subsurface Trespass Law, Owen L. Anderson
Faculty Articles
No abstract provided.
Blowout: The Legal Legacy Of The Deepwater Horizon Catastrophe. Background Document On Natural Resource Damages,
2011
Sea Grant Law Fellow, Roger Williams University School of Law
Blowout: The Legal Legacy Of The Deepwater Horizon Catastrophe. Background Document On Natural Resource Damages, Nicholas Paine
Sea Grant Law Fellow Publications
No abstract provided.
Examination Of The Federal Consistency Provision Of The Coastal Zone Management Act In Rhode Island,
2011
Sea Grant Law Fellow, Roger Williams University School of Law
Examination Of The Federal Consistency Provision Of The Coastal Zone Management Act In Rhode Island, William Yost
Sea Grant Law Fellow Publications
No abstract provided.
Massachusetts Town Bylaws As They Relate To Restricting Or Conditioning Human Activities In And Around Eelgrass Beds,
2011
Sea Grant Law Fellow, Roger Williams University School of Law
Massachusetts Town Bylaws As They Relate To Restricting Or Conditioning Human Activities In And Around Eelgrass Beds, Benjamin J. Goetsch
Sea Grant Law Fellow Publications
No abstract provided.
Legal Considerations For Possible Noise Ordinances For Newport Harbor,
2011
Sea Grant Law Fellow, Roger Williams University School of Law
Legal Considerations For Possible Noise Ordinances For Newport Harbor, Kristen Bonjour
Sea Grant Law Fellow Publications
In this report prepared for the Newport Waterfront Commission by the Marine Affairs Institute at the Roger Williams University School of Law, current and prospective noise ordinances in the city of Newport, RI are examined, and the legal precedents and management tools to create harbor-specific noise ordinances are discussed.
Federal And State Laws Regarding The Implementation Of Land Based Wind Power Development In Rhode Island,
2011
Sea Grant Law Fellow, Roger Williams University School of Law
Federal And State Laws Regarding The Implementation Of Land Based Wind Power Development In Rhode Island, Brandon Biggs
Sea Grant Law Fellow Publications
No abstract provided.
Offshore Wind Development On The Eastern United States Coast And Its Impacts On Commercial Fishing,
2011
Sea Grant Law Fellow, Roger Williams University School of Law
Offshore Wind Development On The Eastern United States Coast And Its Impacts On Commercial Fishing, Kristen Bonjour
Sea Grant Law Fellow Publications
No abstract provided.
