What The Public Trust Doctrine Can Teach Us About The Police Power Penn Central And The Public Interest In Natural Resource Regulation
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What The Public Trust Doctrine Can Teach Us About The Police Power Penn Central And The Public Interest In Natural Resource Regulation
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Author : Robin Kundis Craig
language : en
Publisher:
Release Date : 2015
What The Public Trust Doctrine Can Teach Us About The Police Power Penn Central And The Public Interest In Natural Resource Regulation written by Robin Kundis Craig and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
One of Joseph Sax's recurring scholarly concerns was how to effectuate and preserve the substantial and long-term public interest in natural resources, and he was drawn to the public trust doctrine in part because that doctrine explicitly recognizes that public rights in those resources, particularly water, do exist. Following in Sax's tradition, this Article argues that the public trust doctrine can serve to illuminate structural and analytical problems with regulatory takings doctrine, which has had a much more difficult time acknowledging the role of public rights. In particular, while governments do sometimes directly represent the rights of the Public -- under the public trust doctrine, for example, as the trustee of submerged lands and as protector of the Public's right of navigation -- the Penn Central takings analysis both overdeterminedly conflates government action with the public interest, eliding the fact that the private property owner is also a member of the Public who benefits from government action, and denies the Public its full independent status as a third interest-holder in any property rights analysis. Using examples from water law, coastal land use regulation, and fisheries management, this Article argues that regulatory takings doctrine unnecessarily impedes the urgent need for property law to evolve to meet the demands of a post-exploitation United States and that the Public and communitarian approach on property rights that the public trust doctrine offers presents a much more useful perspective on property rights for our changing future.
The End Of Sustainability
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Author : Melinda Harm Benson
language : en
Publisher: University Press of Kansas
Release Date : 2017-11-30
The End Of Sustainability written by Melinda Harm Benson and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Nature categories.
The time has come for us to collectively reexamine—and ultimately move past—the concept of sustainability in environmental and natural resources law and management. The continued invocation of sustainability in policy discussions ignores the emerging reality of the Anthropocene, which is creating a world characterized by extreme complexity, radical uncertainty, and unprecedented change. From a legal and policy perspective, we must face the impossibility of even defining—let alone pursuing—a goal of “sustainability” in such a world. Melinda Harm Benson and Robin Kundis Craig propose resilience as a more realistic and workable communitarian approach to environmental governance. American environmental and natural resources laws date to the early 1970s, when the steady-state “Balance of Nature” model was in vogue—a model that ecologists have long since rejected, even before adding the complication of climate change. In the Anthropocene, a new era in which humans are the key agent of change on the planet, these laws (and American culture more generally) need to embrace new narratives of complex ecosystems and humans’ role as part of them—narratives exemplified by cultural tricksters and resilience theory. Updating Aldo Leopold’s vision of nature and humanity as a single community for the Anthropocene, Benson and Craig argue that the narrative of resilience integrates humans back into the complex social and ecological system known as Earth. As such, it empowers humans to act for a better future through law and policy despite the very real challenges of climate change.
Why Environmental Policies Fail
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Author : Jan Laitos
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-25
Why Environmental Policies Fail written by Jan Laitos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.
The real question examined by this book is not the extent of the failure of environmental policy, but exactly why did the policy fail?
Rethinking Environmental Law
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Author : Laitos, Jan G.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-08-27
Rethinking Environmental Law written by Laitos, Jan G. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-27 with Law categories.
Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules. It explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed.
Septage Management
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Author : Joseph W. Rezek
language : en
Publisher:
Release Date : 1980
Septage Management written by Joseph W. Rezek and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Septic tanks categories.
Defending The Environment
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Author : Joseph L. Sax
language : en
Publisher:
Release Date : 1972
Defending The Environment written by Joseph L. Sax and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Law categories.
The Public Trust Doctrine In Environmental And Natural Resources Law
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Author : Michael C. Blumm
language : en
Publisher:
Release Date : 2015
The Public Trust Doctrine In Environmental And Natural Resources Law written by Michael C. Blumm and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Conservation of natural resources categories.
To view or download the 2019 Supplement to this book, click here. 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.
Riparian Areas
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 2002-10-10
Riparian Areas written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-10 with Science categories.
The Clean Water Act (CWA) requires that wetlands be protected from degradation because of their important ecological functions including maintenance of high water quality and provision of fish and wildlife habitat. However, this protection generally does not encompass riparian areasâ€"the lands bordering rivers and lakesâ€"even though they often provide the same functions as wetlands. Growing recognition of the similarities in wetland and riparian area functioning and the differences in their legal protection led the NRC in 1999 to undertake a study of riparian areas, which has culminated in Riparian Areas: Functioning and Strategies for Management. The report is intended to heighten awareness of riparian areas commensurate with their ecological and societal values. The primary conclusion is that, because riparian areas perform a disproportionate number of biological and physical functions on a unit area basis, restoration of riparian functions along America's waterbodies should be a national goal.
Wildlife Law
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Author : David S. Favre
language : en
Publisher: Lupus Publications Limited
Release Date : 1991
Wildlife Law written by David S. Favre and has been published by Lupus Publications Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
Judgment Misguided
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Author : Jonathan Baron
language : en
Publisher: Oxford University Press
Release Date : 1998-05-21
Judgment Misguided written by Jonathan Baron and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-05-21 with Psychology categories.
People often follow intuitive principles of decision making, ranging from group loyalty to the belief that nature is benign. But instead of using these principles as rules of thumb, we often treat them as absolutes and ignore the consequences of following them blindly. In Judgment Misguided, Jonathan Baron explores our well-meant and deeply felt personal intuitions about what is right and wrong, and how they affect the public domain. Baron argues that when these intuitions are valued in their own right, rather than as a means to another end, they often prevent us from achieving the results we want. Focusing on cases where our intuitive principles take over public decision making, the book examines some of our most common intuitions and the ways they can be misused. According to Baron, we can avoid these problems by paying more attention to the effects of our decisions. Written in a accessible style, the book is filled with compelling case studies, such as abortion, nuclear power, immigration, and the decline of the Atlantic fishery, among others, which illustrate a range of intuitions and how they impede the public's best interests. Judgment Misguided will be important reading for those involved in public decision making, and researchers and students in psychology and the social sciences, as well as everyone looking for insight into the decisions that affect us all.