Taken in its expansive sense, "environmental and natural resources law" encompasses pollution control law, energy allocation and conservation law, species and habitat protection, common law property rights, and a host of other areas. Often, this massive body of legal material is divided into two courses, the Environmental Law course dealing primarily with pollution control and the Natural Resources course covering the remainder. This casebook combines the two areas. As a survey course, the expansion of subject matter coverage allows the student a fuller understanding of the "playing field" and the generic issues that arise across this wide spectrum of material. The wider coverage, moreover, should suit both students who want a once-through general understanding of this area of the law as well as those seeking a foundation for more intense future study. Environmental and Natural Resources Law is divided into three parts: • First, the book presents "foundational" material, which includes information on common law remedies, federalism issues, and a bit of the history of the environmental movement that has led to the current network of legal controls. • Next, the book covers natural resources law, including the National Environmental Policy Act, the Endangered Species Act, and the public trust doctrine. Also included is optional coverage of federal lands and water rights. • Finally, the book surveys pollution control and remediation, discussing the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the "Superfund" law (CERCLA) in successive chapters. Environmental and Natural Resources Law concentrates on the mechanics of regulatory programs so that students may learn how to read and understand complex statutes, why regulatory initiatives have come into being, and how the various regulatory programs are structured. The Fourth edition of Environmental and Natural Resources Law has the following updates: • Survey coverage of both environmental law and natural resources law • Update on the domestic law of climate change • Emphasis on structure of regulation: federalism; statutory and common law; role of administrative agencies • Program-by-program coverage • Historical information about the environmental movement • Emphasis on developing students' abilities to work with complex statutes This eBook features links to Lexis Advance for further legal research options.
The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people & the law to which they are subject. Most of the contributions to Volume 9 were presented at the IXth International Symposium of the Commission on Folk Law & Legal Pluralism, & focus on the subject of 'Natural Resources, Environment, & Legal Pluralism'. The natural resources which form the environment of rural people are subject to increasing pressures. Intensive forms of resource extraction increasingly endanger the continued availability & ecological quality of land, forest & water resources. Especially in regions inhabited by indigenous peoples, struggles over the control & social & economic function of natural resources are directly linked to conflicts over political & economic self-determination. Inevitably, the different legal systems, & the substantive & procedural possibilities they provide, become involved in struggles over political, economic & ecological values & objectives. The focus on natural resource management issues therefore is a particularly fruitful field to examine the contemporary functions of folk law in complex legal & economic systems.
With increasing globalization, comparative law has become increasingly more relevant in recent years. Climate change, transboundary pollution, biodiversity loss, and the emerging field of environmental human rights make comparative environmental law especially compelling. This coursebook provides a comparative look at environmental and natural resource laws governing water, waste, biological diversity (wildlife and habitat), and environmental assessment. It focuses on the United States, Canada, England, New Zealand, and India. The first four countries are chosen for comparative analysis because of their common cultural roots yet divergent environmental problems and strategies. The first three countries—the U.S., Canada, and England—have taken media-specific and somewhat fragmented approaches to water, waste, and wildlife issues, while New Zealand has made path-breaking efforts to adopt a more holistic, ecosystem-based approach to pollution prevention and sustainable development. The fifth nation, India, is a country deeply influenced by England but charting its own course as an emerging economic giant, whose growth poses significant implications for biological diversity, climate, and the environment. The book is suitable as a text for law classes and seminars as well as other types of graduate and undergraduate courses. It includes case studies on specific environmental and resource management problems to enable students to take a “hands on” problem-solving approach and to compare and contrast outcomes under the laws of various nations.
'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.
Joanne Limburg is a woman who thinks things she doesn't want to think, and who does things she doesn't want to do. As a small child, she would chew her hair all day and lie awake at night wondering if heaven had a ceiling; a few years later, when she should have been doing her homework, she was pacing her bedroom, agonising about the unfairness of lif as a woman, and the shortness of her legs. By the time she was an adult, obsessive thoughts and compulsive behaviours had come to dominate her life. She knew that something was wrong with her, but it would take many years before she understood what that something was. The Woman Who Thought Too Much follows Limburg's quest to understand her Obsessive-Compulsive Disorder and to manage her symptoms. She takes the reader on a journey through consulting rooms, libraries and internet sites, as she learns about rumination, scrupulosity, avoidance, thought-action fusion, fixed-action patterns, anal fixations, schemas, basal ganglia, tics and synapses. Meanwhile, she does her best to come to terms with an illness which turns out to be common and even - sometimes - treatable. This vividly honest memoir is a sometimes shocking, often humorous revelation of what it is like to live with so debilitating a condition. It is also an exploration of the inner world of a poet and an intense evocation of the persistence and courage of the human spirit in the face of mental illness.
Lawrence J. MacDonnell is director and Sarah F. Bates is associate director of the Natural Resources Law Center at the University of Colorado School of Law. Bates is co-author, with Marc Reisner of Overtapped Oasis.
Natural resources law is a dynamic field of practice, with a rich history that reaches back several centuries. The authors look at current challenges and offer ideas about the future while demonstrating that the federal government's role continues to be a complex one as markets and private actors become more visible participants in the current policy arena. Part I provides foundational analyses of the law, while the second part reviews thematic issues in the area.
The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.
Considering that natural resources or green capital are the drivers of globalisation, this book focuses on the link between investment, trade and natural resource management in the context of the growing economic inequalities between states.
Environmental management involves making decisions about the governance of natural resources such as water, minerals or land, which are inherently decisions about what is just or fair. Yet, there is little emphasis on justice in environmental management research or practical guidance on how to achieve fairness and equity in environmental governance and public policy. This results in social dilemmas that are significant issues for government, business and community agendas, causing conflict between different community interests. Natural Resources and Environmental Justice provides the first comprehensive, interdisciplinary examination of justice research in Australian environmental management, identifying best practice and current knowledge gaps. With chapters written by experts in environmental and social sciences, law and economics, this book covers topical issues, including coal seam gas, desalination plants, community relations in mining, forestry negotiations, sea-level rise and animal rights. It also proposes a social justice framework and an agenda for future justice research in environmental management. These important environmental issues are covered from an Australian perspective and the book will be of broad use to policy makers, researchers and managers in natural resource management and governance, environmental law, social impact and related fields both in Australia and abroad.
Just over two decades ago, research findings that environmentally hazardous facilities were more likely to be sited near poor and minority communities gave rise to the environmental justice movement. Yet inequitable distribution of the burdens of industrial facilities and pollution is only half of the problem; poor and minority communities are often denied the benefits of natural resources and can suffer disproportionate harm from decisions about their management and use.Justice and Natural Resources is the first book devoted to exploring the concept of environmental justice in the realm of natural resources. Contributors consider how decisions about the management and use of natural resources can exacerbate social injustice and the problems of disadvantaged communities. Looking at issues that are predominantly rural and western -- many of them involving Indian reservations, public lands, and resource development activities -- it offers a new and more expansive view of environmental justice.The book begins by delineating the key conceptual dimensions of environmental justice in the natural resource arena. Following the conceptual chapters are contributions that examine the application of environmental justice in natural resource decision-making. Chapters examine: how natural resource management can affect a range of stakeholders quite differently, distributing benefits to some and burdens to others the potential for using civil rights laws to address damage to natural and cultural resources the unique status of Native American environmental justice claims parallels between domestic and international environmental justice how authority under existing environmental law can be used by Federal regulators and communities to address a broad spectrum of environmental justice concerns Justice and Natural Resources offers a concise overview of the field of environmental justice and a set of frameworks for understanding it. It expands the previously urban and industrial scope of the movement to include distribution of the burdens and access to the benefits of natural resources, broadening environmental justice to a truly nationwide concern.
Presents a conceptual model that describes the relationship of the economy, the natural system, and the state. Examines the policy role of conventional environmental economics and natural resource economics, and explores the emerging integrative paradigms of sustainable development, industrial ecology, ecological economics, and ecological integrity. Overviews the relationship between the economy and the natural system, the role of the state, methods of economic evaluation of environmental and natural resources, and environmental economic remedies. Annotation copyrighted by Book News, Inc., Portland, OR
This short, integrated text offers a fresh approach to a familar field. Instead of considering resources one by one and paying special attention to federal lands, Freyfogle steps back from nature and considers the functions that natural resources law performs whenever nature is divided into private use rights. He mixes cases involving a wide range of resources, from ice and seaweed to caves and subterranian formations, on private as well as public lands. Students gain a clear sense about the elements of private use rights while exploring the many ways law can promote collective decision-making among resource users. The book should be particularly appealing to law schools in regions with few federal lands and with instructors that want to focus on basic policy issues. A 3-hour course can cover the entire book.
This law school casebook helps instruct collegiate-level students on natural resources law. It's also intended to show students the challenges of managing natural resources policy. Starting with theories behind the law, the book then examines all aspects of resource disputes, including economic, scientific, political and ethical considerations. It explores the challenges presented by common pool resources, scientific uncertainty, mismatched scale, market failures and institutional adequacy. The book also considers resource law and management on both public lands and private property, as well as in international settings.
Environmental Laws and Their Enforcement is a component of Encyclopedia of Social Sciences and Humanities in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The volume on Environmental Laws and Their Enforcement deals, in two volumes , with a myriad of issues of great relevance to our world such as: Sustainable Development and National Governance; History of Environmental Law; International Environmental Law; Constitutional Law; International Binding Mechanisms; Laws Governing Freshwater and Ground Water Pollution; Forestry; Biodiversity Conservation and Endangered Species Protection; International Guidelines and Principles; Compliance Models for Enforcement of Environmental Laws And Regulations; International Environmental Law; Life Support Systems: Law and Policy; The Principle of Sustainable Development in International Development Law; Environmental Pollution Regulations; Social Concerns for Environmental Exposures to Toxic Substances; Regulation of Air and Pollutants. These volumes are aimed at the following five major target audiences: University and College Students, Educators, Professional Practitioners, Research Personnel and Policy Analysts, Managers, and Decision Makers and NGOs.
This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.