One Person's Waste Is Another Person's Liability: Closing The Liability Loophole In Rcra's Citizen Enforcement Action,
2010
University of the Pacific, McGeorge School of Law
One Person's Waste Is Another Person's Liability: Closing The Liability Loophole In Rcra's Citizen Enforcement Action, Michael F. Hearn
McGeorge Law Review
No abstract provided.
Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010),
2010
UIC School of Law
Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer
UIC Law Review
No abstract provided.
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010),
2010
UIC School of Law
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
UIC Law Review
No abstract provided.
Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010),
2010
UIC School of Law
Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding
UIC Law Review
No abstract provided.
Introduction: Twenty-Five Years Of The Gulf Of Maine Judgment,
2010
University of Maine School of Law
Introduction: Twenty-Five Years Of The Gulf Of Maine Judgment, Charles H. Norchi
Faculty Publications
An overview and retrospective on the Gulf of Maine Maritime Boundary case. This decision is a milestone in oceans law, and it continues to effect fisheries, oil and gas exploration, alternative energy production, and other issues in Canadian-American relations and beyond.
Subsurface "Trespass": A Man's Subsurface Is Not His Castle,
2010
University of Oklahoma College of Law
Subsurface "Trespass": A Man's Subsurface Is Not His Castle, Owen L. Anderson
Faculty Articles
No abstract provided.
Adaptive Management In The Courts,
2010
Vanderbilt University Law School
Adaptive Management In The Courts, J.B. Ruhl, Robert Fischman
Vanderbilt Law School Faculty Publications
Adaptive management has become the tonic of natural resources policy. With its core idea of "learning while doing," adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in everything from mundane agency permits to grand presidential proclamations. Indeed, it is no exaggeration to suggest that these days adaptive management is natural resources policy. But is it working? Does appending "adaptive" in front of "management" somehow make natural resources policy, which has always been about balancing competing claims to nature’s bounty, something more and better? Many legal and policy scholars have asked that question, with …
Finding The Balance: Harmonizing Renewable Energy With Wildlife Conservation,
2010
American University Washington College of Law
Finding The Balance: Harmonizing Renewable Energy With Wildlife Conservation, Tina R. Goel
Sustainable Development Law & Policy
No abstract provided.
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal,
2010
University of New Mexico
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Natural Resources Journal
No abstract provided.
Applying Geographic Information Systems To Support Strategic Environmental Assessment: Opportunities And Limitations In The Context Of Irish Land-Use Plans,
2010
Technological University Dublin
Applying Geographic Information Systems To Support Strategic Environmental Assessment: Opportunities And Limitations In The Context Of Irish Land-Use Plans, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry
Articles
The strengthening of spatial database infrastructures, further promoted by the INSPIRE Directive adopted in 2007, has led to an increased use of spatial data in planning and decision-making. Given that land-use plans are intrinsically spatial, such evidence and approaches can significantly benefit plan-making. A spatial framework could especially support the specific Strategic Environmental Assessment (SEA) aspects of the plan-making process. Spatial tools such as Geographic Information Systems (GIS) are particularly well-placed to support the environmental integration sought in SEA by providing evidence through the spatial assessment of multiple environmental datasets. Moreover, GIS bring the opportunity to augment conventional assessment techniques …
Resistance, “Revolution,” And Reassessment 1981 - 1997,
2010
California Western School of Law
Resistance, “Revolution,” And Reassessment 1981 - 1997, Richard J. Finkmoore
Faculty Scholarship
No abstract provided.
Interstate Water Compacts And Climate Change Adaptation,
2010
Wayne State University
Interstate Water Compacts And Climate Change Adaptation, Noah D. Hall
Law Faculty Research Publications
Over 95% of the available surface freshwater resources in the United States are interstate in nature and governed by interstate water compacts. These interstate compacts vary tremendously in how they allocate and manage interstate waters. Until recently, the water resources governed by interstate compacts have been relatively stable and unaffected by drastic changes in long-term weather patterns. However, within the next few decades North America is expected to experience increased regional variability in precipitation and susceptibility to drought. This article first looks at these expected changes on a macro and regional level to evaluate the increased stress on water resources …
Multistate Decision Making For Renewable Energy And Transmission: An Overview,
2010
University of Colorado Law School
Multistate Decision Making For Renewable Energy And Transmission: An Overview, David E. Hurlbut
University of Colorado Law Review
No abstract provided.
Siting Transmission Lines In A Changed Milieu: Evolving Notions Of The "Public Interest" In Balancing State And Regional Considerations,
2010
University of Colorado Law School
Siting Transmission Lines In A Changed Milieu: Evolving Notions Of The "Public Interest" In Balancing State And Regional Considerations, Ashley C. Brown, Jim Rossi
University of Colorado Law Review
This Article discusses how state public utility law presents a barrier to the siting of new high-voltage transmission lines to serve renewable resources, and how states can approach the law's evolution in order to preserve a role for state regulators in a new energy economy in which renewable energy will play a significant role. The traditional approach to determining the "public interest" in siting transmission lines is well on its way to obsolescence. Two developments over the past fifteen years have begun to challenge this paradigm. First, policies at the federal level and in many states have encouraged increased competition …
Constitutional Contours For The Design And Implementation Of Multistate Renewable Energy Programs And Projects,
2010
University of Colorado Law School
Constitutional Contours For The Design And Implementation Of Multistate Renewable Energy Programs And Projects, Robin Kundis Craig
University of Colorado Law Review
States are increasingly considering multistate efforts to promote the production, sale, and use of renewable energy. For example, in August 2009, policymakers and stakeholders gathered to consider joint renewable energy (specifically, wind energy) transmission projects among Colorado, New Mexico, Utah, and Wyoming. This Article explores a number of constitutional issues that multistate efforts to encourage, market, transmit, or distribute renewable energy could raise. It reflects the reality that for energy, as for many other issues, multistate creativity in establishing new governance regimes or in implementing interstate projects often creates constitutional ambiguities. Many of these ambiguities center on the constitutional status-private …
Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits,
2010
University of Colorado Law School
Trust And The Green Consumer: The Fight For Accountability In Renewable Energy Credits, Kelly Crandall
University of Colorado Law Review
Renewable energy credits ("RECs")--commodities representing a megawatt-hour of renewable electricity but tradable separately from the electricity itself-developed to encourage renewable energy investment and to allow individuals and corporations without direct access to renewable energy to subsidize its construction. RECs can be sold voluntarily or applied to state-imposed renewable energy purchase obligations. These state mandates, known as renewable portfolio standards, have contributed dramatically to the demand for RECs. Yet, despite their popularity, RECs are regulated inconsistently: neither federal nor state consumer protection law fully mitigates the opportunities they create for deceptive advertising. This Comment critiques the existing regulatory scheme (or lack …
Ahistorical Indians And Reservation Resources,
2010
American University Washington College of Law
Ahistorical Indians And Reservation Resources, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.
You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong
Nevada Law Journal
This Note examines both the physical and regulatory takings of water rights found in Estate of Hage and provides an analysis of how takings law should apply to water rights. Part II of this Note provides a brief background of takings law under the Fifth Amendment of the Constitution with a focus on case law involving water rights. Parts III and IV review the history of the Estate of Hage case and focus on the recent Estate of Hage decision, including Judge Smith's logic for finding that there was a taking of water rights. In Part V, this Note analyzes …
Solar Rights For Texas Property Owners,
2010
Cornell University
Solar Rights For Texas Property Owners, Sara C. Bronin
Cornell Law Faculty Publications
In response to Jamie France's note, A Proposed Solar Access Law for the State of Texas, Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids. Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. …
Foundations: The Public Domain And Natural Resources Law 1785 - 1960,
2010
California Western School of Law
Foundations: The Public Domain And Natural Resources Law 1785 - 1960, Richard J. Finkmoore
Faculty Scholarship
No abstract provided.
