Environmental Law

A journal investigating issues of environment law and policy on a local, national and international level.

Articles from Vol. 40, No. 2, Spring

A Fish Tale: A Small Fish, the ESA, and Our Shared Future
I. The Borax Lake chub (Gila boraxobius) is a small fish (typically 1.3 to two inches in length) that is dark olive-green above and mostly silver below with a hint of purple iridescence. (1) It is an opportunistic omnivore, feeding on whatever comes...
Ahistorical Indians and Reservation Resources
I. INTRODUCTION II. OPPRESSION AND EXPLOITATION A. Black Mesa Coal B. Oil and the Formation of the Navajo Nation Council C. Hopi Resistance D. Navajo Experience III. ROMANTICISM AND TRIBAL CHOICE A. Environmental Justice ...
BLM's Retained Rights: How Requiring Environmental Protection Fulfills Oil and Gas Lease Obligations
I. INTRODUCTION II. OVERVIEW OF THE MINERAL LEASING ACT III. THE FEDERAL ONSHORE OIL AND GAS LEASING AND DEVELOPMENT PROCESS A. The Stages of BLM Oil and Gas Planning, Leasing, and Development 1. Land-Use Planning ...
Brief for Natural Resources Defense Council as Amici Curiae Supporting Respondent, Monsanto Co. V. Geertson Seed Farms, No. 09-475 (U.S. Apr. 5, 2010)
TABLE OF CONTENTS INTEREST OF THE AMICI CURIAE SUMMARY OF THE ARGUMENT ARGUMENT I. THE COURTS OF EQUITY LONG HAVE HAD THE AUTHORITY TO ISSUE INJUNCTIONS IN THE FACE OF SIGNIFICANT THREATS a. The history of the common law fully supports the...
Cities as Emergent Systems: Race as a Rule in Organized Complexity
I. INTRODUCTION II. CITIES AS EMERGENT SYSTEMS III. PATTERNS OF EMERGENCE IN URBAN AMERICA IV. UNDERSTANDING THE PATTERN: A CASE STUDY IN EMERGENCE V. RACE AND RESIDENTIAL PATTERNS: A LEGACY OF SEGREGATION VI. RACE AS A RULE IN BALTIMORE'S ZONING:...
Climate Change Adaptation and the Structural Transformation of Environmental Law
I. INTRODUCTION II. WHAT IS CLIMATE CHANGE ADAPTATION? A. Adaptation Policy Parameters 1. Actor 2. Response Orientation 3. Adaptation Goals 4. Management Target. 5. Policy Foundation 6. Capital...
Getting to Here: Bioregional Federalism
I. INTRODUCTION II. OUR COMPLEX, SYSTEMIC ENVIRONMENTAL PROBLEM A. The Persistent Difficulty of Environmental Problems B. Complex Systems, Self-Organization, and Emergent Properties C. Self-Organizing Environmental Policy III. EXPLOITING...