Natural Resources Law Commons^™

Mining, Uranium, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.

Judicial Review Of Forest Service Decisions Made Pursuant To The National Forest Management Act's Substantive Requirements: Time For A Science Court?, Kristen Potter

Journal of the National Association of Administrative Law Judiciary

This article is divided into five sections. Section I reviews the legal and historical background of forest law, culminating in NFMA, and establishes why many believe that the NFMA provides a greater role for courts. Section II presents the underpinnings of judicial review and deference to administrative agencies, such as the Forest Service. Section III provides examples of the deference applied in challenges to the Forest Service's attempted compliance with NFMA's diversity requirements. Section IV discusses the benefits and shortcomings of a specialized court in addressing the criticisms of the present system. Section V concludes that a specialized court is …

The Legal Profession’S Critical Role In Systems-Level Bioenergy Decision-Making, Jody M. Endres

Pace Environmental Law Review

Law as a discipline thus must seek greater prominence in the raging debates on the efficacy of modeling as a bioenergy policy driver. To ultimately determine law’s proper role, Part II of my article first assesses the universe of key economic and lifecycle models used in current bioenergy policy initiatives, as well as the models deployed in general environmental decision-making that could affect the siting and operation of biomass cropping and bioenergy facilities. Part III then dissects these models to uncover the multiple ways in which law can improve models both structurally and procedurally to achieve greater accuracy. The conclusion …

International Deployment Of Microbial Pest Control Agents: Falling Between The Cracks Of The Convention On Biological Diversity And The Cartagena Biosafety Protocol?, Guy R. Knudsen

Pace Environmental Law Review

This paper considers one tangled web of conflicting developments. It involves the popular desire to replace chemical pesticides with more “natural” biological control strategies, plus a slowly emerging awareness of a less benign side to microbial pest control agents, based on their potential invasiveness and sometimes striking similarities to agents of bioterrorism and biological warfare. This desire, however, is overshadowed by concerns about the environmental release of genetically engineered organisms. I argue that as some of the concerns about ecological diversity, as captured by the Convention on Biodiversity, were channeled into the subsequent Cartagena Protocol on Biosafety to the Convention …

Carbon Tax With Reinvestment Trumps Cap-And-Trade, Stephen Sewalk

Pace Environmental Law Review

Part I of this paper reviews the current opinion surrounding carbon tax proposals as they appear in the literature. Part II will provide an overview of the current cap-and-trade proposals. Part III will introduce a carbon tax with reinvestment. Part IV of this article reviews the leading proposals arguing that a carbon tax is superior to cap-and-trade. And finally, for Part V explains why a carbon tax with reinvestment trumps cap-and-trade.

Environmental Law Confronts The New Industrial Revolution, Leslie Carothers

Pace Environmental Law Review

This issue of the Pace Environmental Law Review presents a set of articles to shed new light on those questions in the case of the products of nanotechnology. For comparison, the issue also includes an article on the regulation of genetically modified organisms in agriculture in the United States and Brazil, an early effort to govern the risks of a major new technology.

Appeal No. 0837: Donald & Paula Wayt V. Division Of Oil & Gas Resources Management And Ohio Valley Energy Systems, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance; Ohio Valley Energy Systems; Grindley #1 Well

Agenda: Water, Oil And Gas 101, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association Cle, White & Jankowski, Llp

Water, Oil and Gas 101 (April 10)

Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.

This full-day program, cosponsored by the Rocky Mountain Land Use Institute (Sturm College of Law, University of Denver), the Colorado Bar Association CLE, and White & Jankowski, LLP, was the first of a 3-part series focusing on water, oil and gas issues of critical interest in Colorado.

The first program provided an overview of the pertinent law and issues generated when the water, oil and gas industries interact; and addressed water quality concerns and the purchasing of water from municipalities for hydraulic fracturing and drilling. Program #2 is …

Appeal No. 0846: Frederick Petroleum V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2012-22

Fish And Federalism: How The Asian Carp Litigation Highlights A Decifiency In The Federal Common Law Displacement Analysis, Molly M. Watters

Michigan Journal of Environmental & Administrative Law

In response to the growing threat posed by the progress of Asian carp up the Mississippi River toward the Great Lakes, and with increased frustration with the federal response to the imminent problem, in 2010, five Great Lakes states sued the Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago to force a more desirable and potentially more effective strategy to prevent the Asian carp from infiltrating the Great Lakes: closing the Chicago locks. This Note examines the federal common law displacement analysis through the lens of the Asian carp litigation. Both the Federal District Court …

Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins, Reed D. Benson

Michigan Journal of Environmental & Administrative Law

The application of the Endangered Species Act to water resources has generated much controversy in the American West. In several western river basins, however, Recovery Implementation Programs (RIPs) provide an alternative, collaborative approach to ESA compliance. These programs offer an enhanced role for states and stakeholders in ESA decisionmaking, and increased certainty that ESA requirements will not disrupt ongoing water project operations and established uses. This Article examines the origins, purposes, and elements of various RIPs, with particular emphasis on these programs’ approach to compliance with the requirements of ESA section 7 for federal agency actions. The Article also considers …

Why International Catch Shares Won't Save Ocean Biodiversity, Holly Doremus

Michigan Journal of Environmental & Administrative Law

Skepticism about the efficacy and efficiency of regulatory approaches has produced a wave of enthusiasm for market-based strategies for dealing with environmental conflicts. In the fisheries context, the most prominent of these strategies is the use of “catch shares,” which assign specific proportions of the total allowable catch to individuals who are then free to trade them with others. Catch shares are now in wide use domestically within many nations, and there are increasing calls for implementation of internationally tradable catch shares. Based on a review of theory, empirical evidence, and two contexts in which catch shares have been proposed, …

Conservative Principles For Environmental Reform, Jonathan H. Adler

Faculty Publications

The nation’s environmental regulatory architecture may not have changed significantly over the past few decades, but the range of environmental problems has. Regulatory measures designed to address the industrial pollution of the twentieth century are poorly suited to address the more complex and difficult challenges of the twenty-first.

There is an urgent need to debate the future of environmental protection in this country. If the debate is to be productive, it needs to span the political spectrum. Therein lies a problem: It is unclear whether many on the political right are prepared to engage in serious policy discussion about the …

Appeal No. 0841: Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2011-49

The Implementation Of The Animal Damage Control Act: A Comment On Wildlife Services's Methods Of Predatory Animal Control, Tiffany Bacon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson

Washington and Lee Journal of Energy, Climate, and the Environment

Government regulation of deepwater offshore explorations has found it either difficult to evaluate the environmental impact, or too costly to perform the required review.1 Corporate self-regulation without effective government oversight will not adequately reduce the risk of accidents within the offshore oil exploration industry, nor will it ensure that corporations prepare effectively to respond to a major spill. The potential, near-term, financial benefit for the oil company prevails over the lowprobability risk that a major spill will occur. Recognizing that current domestic regulation lacks effective, continuous monitoring of complex offshore operations, another form of regulation appears necessary. If already-emerging principles …

Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.