Category: Printed

“[I]f we care for the River, the River will continue to sustain the people.” —The Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 I. Introduction Adaptive co-management, an approach to environmental and natural resource management that enables stakeholders to share management responsibility and to learn from their actions, is a promising innovation in managing natural…

Abstract When the collective declines, who manages the collective-owned land? When the socialist state fails, who possesses the state-owned river? This Article concerns the governance of land and natural resources that are still owned by collectives or the state in rural China. No effective community governance has evolved in rural China to fill the authority…

I. Introduction The Huaorani (Waorani) are hunters and gatherers who have lived in the Amazon Rainforest since before written history. Their ancestral lands span some 20,000 square kilometers and include the area now known as Yasuni National Park and Biosphere Reserve in the Republic of Ecuador. Yasuni is world-renowned for carbon rich forests and extraordinary…

Abstract This Article begins with an overview of the ecology of the Guarani Aquifer region before turning to the legal and ecological problems it faces. Because the majority of the Guarani Aquifer underlies Brazil (with the rest residing below Argentina, Paraguay, and Uruguay), the laws and policies of Brazil have a significant managerial impact. Consequently,…

I. Introduction In January 2012, California Fish & Game Commission President Daniel W. Richards killed a mountain lion[2] on a hunt in Idaho.[3] A photograph of Richards holding the carcass surfaced on the Internet soon after.[4] While he broke no Idaho law, citizens flooded the California Department of Fish & Game (“CDFG”) office with complaints,[5]…

I. Introduction Shark finning is the practice of catching a shark, cutting off one or more of its fins, and throwing the rest of the body back into the ocean—often alive.[2] This practice is controversial because it is wasteful, inhumane, and hazardous to the environment. The United States has responded to this controversy with a…

I. Introduction Global climate change is slowly yet significantly altering our planet. In China, the Gobi Desert is growing by 4,000 square miles every year.[2] This invasive desert is encroaching upon 4,000 villages in the Gansu province where residents face the risk of having to abandon their villages.[3] In Iran, 124 villages in the eastern…

[1]*Abstract In response to the Western Energy Crisis, the Enron scandal, and a historic East Coast blackout, Congress granted broad new authority to the Federal Energy Regulatory Commission (“FERC” or “the Commission”) in 2005. Armed with this enforcement authority and additional analytical resources, FERC has in recent years engaged in high-profile enforcement efforts intended to…

I. Introduction This Article explores the interplay or interphase between common law property and tort concepts as they apply to surface and subsurface trespass claims and the technological developments in horizontal drilling techniques that are in widespread use in the various shale plays throughout the United States. As used in this Article, the term trespass…

I. Introduction At the Arctic Council’s Ministerial Meeting in May 2013, Carl Bildt, the Swedish Minister for Foreign Affairs, passed the gavel, and hence the rotating chairmanship, to Canada’s Minister for the Arctic Council, to Leona Aglukkaq.[2] Canada’s main priorities have been made resoundingly clear: “development for the people of the North.”[3] The Arctic is…