Natural Resources Law Commons^™

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, 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, Kristen Bonjour

Sea Grant Law Fellow Publications

No abstract provided.

Newport's Mooring Regulations: Legal And Policy Analysis, Jenna Algee

Sea Grant Law Fellow Publications

The legal and policy issues facing Newport as it revises and implements its ordinances are numerous. Most of the issues have not been squarely resolved for Rhode Island. While Newport may take guidance from other states, it will be Rhode Island's task going forward to define the reach of its Public Trust Doctine as applied to some novel issues raised by mooring administration. The benefit of the flexibility of the PTD is allowing smaller units of government like Newport to define their regulatory goals based on a locally-tailored balancing test of competing interests facing scarce ocean resources. This report was …

Utilizing Rhode Island's Landfills And Brownfields For Solar Energy Development, Sarah Parker

Sea Grant Law Fellow Publications

No abstract provided.

Too Much Oil For The Rubber-Stamp: The Government's Role In The Bp Oil Spill, Jaclyn Lopez

Florida A & M University Law Review

No abstract provided.

New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina

Water Matters!

This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.

2010 Annual Symposium: Keynote Speech, Joseph A. Siegel

Cardozo Journal of Conflict Resolution

Thank you very much to the Board of the Cardozo Journal of Conflict Resolution for inviting me here today. I am honored to be speaking at this conference and participating in an event with so many distinguished experts in the conflict resolution field. I spend most of my time working on the challenging issue of climate change and, as we all know, energy is both a significant part of the problem and a significant part of the solution. I often have the opportunity to speak at and attend conferences on climate and energy and I like to monitor over time …

The Enforceability Of Exacted Conservation Easements, Jessica Owley

Articles

No abstract provided.

Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain

Publications

This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …

Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas

Publications

This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.

This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …

David H. Getches: 1942-2011, James N. Corbridge Jr.

Publications

No abstract provided.

The Use Of The National Marine Sanctuaries Act As A Tool For The Enhanced Preservation Of Marine Resources Under The New National Oceans Policy, Colin F. Lynch

Sea Grant Law Fellow Publications

No abstract provided.

Legal Considerations Relating To The Development Of Hydroelectric Facilities Within Rhode Island, Scott R. Gunst Jr.

Sea Grant Law Fellow Publications

No abstract provided.

Proving Natural Resource Damage Under Opa 90: Out With The Rebuttable Presumption, In With Apa-Style Judicial Review?, Craig H. Allen

Articles

In the aftermath of the Deepwater Honrzon oil spill of 2010, Prsident Obama uged Congess to amend the natural resource damage provisions of the Oil Pollution Act of 1990 to replace the rebuttable presumption of validity the law presently accords to damage assessments by the designated natural resource trustees that were conducted in accordance with regulations promulgated by the National Oceanic and Atmosphenc Administration with the standard of judicial review prescrbed by the Administrative Procedures Act (APA). Although the House of Representatives passed such an amendment in 2010, the Senate failed to act on the amendment before the 111th congressional …

Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson

American University International Law Review

No abstract provided.

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 …

Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley

Articles

No abstract provided.

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Articles

No abstract provided.