Renewable Energy and the Public Trust Doctrine

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Renewable Energy and the Public Trust Doctrine by : Alexandra B. Klass

Download or read book Renewable Energy and the Public Trust Doctrine written by Alexandra B. Klass and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article explores the role of the public trust doctrine in current efforts to site large-scale wind and solar projects on public and private lands. Notably, both proponents and opponents of such renewable energy projects have looked to the public trust doctrine to advance their goals. Proponents of large-scale renewable energy projects point to the environmental and climate change benefits associated with renewable energy development and argue that the use of public lands and large tracts of private lands to facilitate such projects are both in the public interest and consistent with the public trust doctrine. At the same time, parties opposed to particular renewable energy projects have argued that the land-intensive nature of these projects as well as their potential adverse impacts on endangered species, open space, aesthetic values, and pristine landscapes will result in a violation of the public trust doctrine. Which side is right? How do we balance the benefits and harms of large-scale renewable energy projects and what role should the public trust doctrine play in setting that balance? In addressing these questions, this Article discusses the extent to which the public trust doctrine applies to on-shore and off-shore renewable energy projects on private, state, and federal lands and waters. It then discusses the potential role state and federal legislation can play in codifying or expanding the application of the public trust doctrine with regard to state and federal lands and waters. It concludes by suggesting ways in which existing statutes and new, renewable energy-specific statutes can attempt to build on the public trust doctrine to encourage renewable energy development on public lands without compromising competing public trust values.

Nature's Trust

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Publisher : Cambridge University Press
ISBN 13 : 0521195136
Total Pages : 461 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Nature's Trust by : Mary Christina Wood

Download or read book Nature's Trust written by Mary Christina Wood and published by Cambridge University Press. This book was released on 2014 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.

The Public Trust Doctrine in Environmental and Natural Resources Law

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Publisher :
ISBN 13 : 9781531020569
Total Pages : 616 pages
Book Rating : 4.0/5 (25 download)

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Book Synopsis The Public Trust Doctrine in Environmental and Natural Resources Law by : Michael C. Blumm

Download or read book The Public Trust Doctrine in Environmental and Natural Resources Law written by Michael C. Blumm and published by . This book was released on 2021 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Lakefront

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Publisher : Cornell University Press
ISBN 13 : 150175467X
Total Pages : 532 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Lakefront by : Joseph D. Kearney

Download or read book Lakefront written by Joseph D. Kearney and published by Cornell University Press. This book was released on 2021-05-15 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.

The Seas are Changing

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Seas are Changing by : Jeff Thaler

Download or read book The Seas are Changing written by Jeff Thaler and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change is having significant impacts on ocean and coastal ecosystems and wildlife, with rising seas inundating wetlands and coastal estuaries, warming waters altering marine species habitat and breeding behavior, and ocean acidification weakening corals, mollusks and marine species, leaving them vulnerable to disease and predation. Though the threat of climate change has been acknowledged by President Obama and in federal statutory language, to date the U.S. government has yet to provide a comprehensive plan to address the detrimental impacts of warming lands and seas. In response to governmental inaction, this Article seeks to demonstrate how the public trust doctrine (“PTD”) can play a role in protecting ocean and coastal resources from climate change. More specifically, this Article proposes that both federal and state PTDs can help protect traditional trust values of commerce, navigation and fishing - in addition to modern trust values of protecting tidal wetlands, estuaries, and wildlife - through establishing ocean-based renewable energy (“ORE”) as a public trust value. In addition to elevating ORE to equal footing with traditional trust values, this Article calls for placing a “green thumb” on the scales of balancing competing trust values to explicitly guide courts and agencies alike to operate under a rebuttal presumption favoring ORE over other PTD values because of its ability to help reduce carbon and other greenhouse GHG emissions as a means to mitigate climate change. As Bob Dylan wrote and sang 50 years ago, the times are changin' and waters are growing rapidly - today it is well past time to heed that warning and combat the rising levels of greenhouse gases, temperatures, seas, health care costs and storm damages by making maximum use of the clean, renewable energy available and waiting off our shores. Establishing a federal PTD and ORE values in all PTDs will enable governments to better fulfill their fiduciary obligations while empowering the doctrine to proactively protect trust resources - both traditional and modern - from the impacts of climate change.

Defending the Environment

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Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Defending the Environment by : Joseph L. Sax

Download or read book Defending the Environment written by Joseph L. Sax and published by . This book was released on 1972 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Federal Public Trust Doctrine

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Federal Public Trust Doctrine by : Michael C. Blumm

Download or read book The Federal Public Trust Doctrine written by Michael C. Blumm and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Alec L. v. McCarthy, an atmospheric trust case, the D.C. Circuit, in an unreflective opinion, rejected the plaintiffs' claim that the public trust doctrine demanded action on the part of the federal government to curb atmospheric greenhouse gas emissions. The court relied on dicta in Supreme Court opinions to declare the public trust doctrine inapplicable to the federal government, but instead exists solely as a creature of state law. In this contribution to the journal Environmental Law's 2015 public trust doctrine symposium, we take issue with the D.C. Circuit's conclusory opinion, maintaining that it relied on a misreading of the Supreme Court's articulation of the public trust doctrine in Illinois Central Railroad v. Illinois, a century-old opinion in which the Court struck down a state conveyance of Chicago Harbor to the railroad as a violation of the public trust doctrine without any discernible reliance on state law. Consequently, we think the D.C. Circuit erred in interpreting the Illinois Central opinion as a reflection of state law. Recent statements by Justice Kennedy concerning the distinction between the equal footing and public trust doctrines were also misinterpreted by the D.C. Circuit. We contend that the public trust doctrine is an inherent limit on all sovereign authority, not just states. The Illinois Central opinion was an application of the Tenth Amendment's reserved powers doctrine, which reserves rights “to the people.” Just as the Supreme Court limited state sovereignty to enjoin Illinois from privatizing Chicago Harbor, the reserved powers doctrine expressed in the Tenth Amendment applies equally to the federal government, a government of limited powers. Implementing the federal public trust doctrine calls for close judicial oversight of federal conveyances of public resources or attempts to grant monopolies in public resources, not judicial deference. We think that this judicial skepticism is necessary if the federal government is to fulfill its sovereign duty to protect and preserve public resources for future generations.

The Public Trust Doctrine

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (68 download)

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Book Synopsis The Public Trust Doctrine by :

Download or read book The Public Trust Doctrine written by and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 2004 Supreme Court of Canada case of British Columbia v. Canadian Forest Products Ltd. Justice Binnie spoke of "public rights in the environment that reside in the Crown." He then canvassed the public trust doctrine, a well developed concept in the United States, even though none of the parties argued as such. I argue that this signals a shift in Canada towards recognizing the public's right of access to common resources. A new reading of John Locke's natural law theories provides the theoretical basis for limiting property rights, for the common good. I argue the public trust doctrine, a forgotten aspect of the common law, is a fiduciary duty that the state to maintain the right of perpetual access to common resources. Understanding its historical foundations the public trust doctrine has the potential, if articulated from an ecological perspective, to provide for state supervised sustainability for future generations.

The Public Trust Doctrine in Natural Resources Law and Management

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Publisher :
ISBN 13 :
Total Pages : 512 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Public Trust Doctrine in Natural Resources Law and Management by :

Download or read book The Public Trust Doctrine in Natural Resources Law and Management written by and published by . This book was released on 1981 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Building a Climate Resilient Economy and Society

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785368451
Total Pages : 337 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Building a Climate Resilient Economy and Society by : K.N. Ninan

Download or read book Building a Climate Resilient Economy and Society written by K.N. Ninan and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change will have a profound impact on human and natural systems, and will also impede economic growth and sustainable development. In this book, leading experts from around the world discuss the challenges and opportunities in building a climate resilient economy and society. The chapters are organised in three sections. The first part explores vulnerability, adaptation and resilience, whilst Part II examines climate resilience-sectoral perspectives covering different sectors such as agriculture, fisheries, marine ecosystems, cities and urban infrastructure, drought prone areas, and renewable energy. In the final part, the authors look at Incentives, institutions and policy, including topics such as carbon pricing, REDD plus, climate finance, the role of institutions and communities, and climate policies. Combining a global focus with detailed case studies of a cross section of regions, countries and sectors, this book will prove to be an invaluable resource.

Putting the Public Trust Doctrine to Work

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Publisher :
ISBN 13 :
Total Pages : 361 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Putting the Public Trust Doctrine to Work by :

Download or read book Putting the Public Trust Doctrine to Work written by and published by . This book was released on 1990 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intergenerational Trusts and Environmental Protection

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Publisher : Juris Pub Incorporated
ISBN 13 : 9781578230341
Total Pages : 200 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Intergenerational Trusts and Environmental Protection by : Catherine Redgwell

Download or read book Intergenerational Trusts and Environmental Protection written by Catherine Redgwell and published by Juris Pub Incorporated. This book was released on 1999 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first monograph treatment of the application of intergenerational trusts for environmental protection. It draws on both domestic and international law concepts, and applies them to Antarctica. Part one examines three aspects of the trust law concept: the domestic trust in its private and charitable forms; the public trust concept in the United States; and the concept of trust under international law, including discussion of intergenerational equity. Part two contains a case study and considers the applicability of trust concepts to environmental protection in Antarctica, for which international trusteeship was first proposed in the 1940s. Part three concludes with an analysis of the utility of the trust concept for environmental protection.

The North American Model of Wildlife Conservation

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Publisher : JHU Press
ISBN 13 : 1421432811
Total Pages : 177 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis The North American Model of Wildlife Conservation by : Shane P. Mahoney

Download or read book The North American Model of Wildlife Conservation written by Shane P. Mahoney and published by JHU Press. This book was released on 2019-09-10 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: The foremost experts on the North American Model of Wildlife Conservation come together to discuss its role in the rescue, recovery, and future of our wildlife resources. At the end of the nineteenth century, North America suffered a catastrophic loss of wildlife driven by unbridled resource extraction, market hunting, and unrelenting subsistence killing. This crisis led powerful political forces in the United States and Canada to collaborate in the hopes of reversing the process, not merely halting the extinctions but returning wildlife to abundance. While there was great understanding of how to manage wildlife in Europe, where wildlife management was an old, mature profession, Continental methods depended on social values often unacceptable to North Americans. Even Canada, a loyal colony of England, abandoned wildlife management as practiced in the mother country and joined forces with like-minded Americans to develop a revolutionary system of wildlife conservation. In time, and surviving the close scrutiny and hard ongoing debate of open, democratic societies, this series of conservation practices became known as the North American Model of Wildlife Conservation. In this book, editors Shane P. Mahoney and Valerius Geist, both leading authorities on the North American Model, bring together their expert colleagues to provide a comprehensive overview of the origins, achievements, and shortcomings of this highly successful conservation approach. This volume • reviews the emergence of conservation in late nineteenth–early twentieth century North America • provides detailed explorations of the Model's institutions, principles, laws, and policies • places the Model within ecological, cultural, and socioeconomic contexts • describes the many economic, social, and cultural benefits of wildlife restoration and management • addresses the Model's challenges and limitations while pointing to emerging opportunities for increasing inclusivity and optimizing implementation Studying the North American experience offers insight into how institutionalizing policies and laws while incentivizing citizen engagement can result in a resilient framework for conservation. Written for wildlife professionals, researchers, and students, this book explores the factors that helped fashion an enduring conservation system, one that has not only rescued, recovered, and sustainably utilized wildlife for over a century, but that has also advanced a significant economic driver and a greater scientific understanding of wildlife ecology. Contributors: Leonard A. Brennan, Rosie Cooney, James L. Cummins, Kathryn Frens, Valerius Geist, James R. Heffelfinger, David G. Hewitt, Paul R. Krausman, Shane P. Mahoney, John F. Organ, James Peek, William Porter, John Sandlos, James A. Schaefer

Intellectual Property and Clean Energy

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Publisher : Springer
ISBN 13 : 9811321558
Total Pages : 686 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Intellectual Property and Clean Energy by : Matthew Rimmer

Download or read book Intellectual Property and Clean Energy written by Matthew Rimmer and published by Springer. This book was released on 2018-10-26 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums – including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders’ rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Public Trust Doctrine

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Public Trust Doctrine by : Rafe Sagarin

Download or read book The Public Trust Doctrine written by Rafe Sagarin and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public trust doctrine (PTD) is a legal concept with ancient roots, and it is increasingly being examined as a framework for modern conservation. At its core, the PTD is based on the idea that certain natural resources cannot be fairly or effectively managed by private owners. Rather, these resources should be held in trust by government, which must manage their consumptive use and protection on behalf of present and future citizens. Although historically the PTD applied to a limited set of natural resources such as shellfish beds and submerged lands, courts and legal scholars have expanded the definition of trust resources to include wildlife, oceans, and ecosystem services generally. The wide range of interpretations of the PTD is seen as both a weakness (because it leads to uncertainty in property ownership) and a strength (because it can adapt to accommodate emerging science about what it takes to protect ecosystems).

Law and Policy for a New Economy

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786434520
Total Pages : 305 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Law and Policy for a New Economy by : Melissa K. Scanlan

Download or read book Law and Policy for a New Economy written by Melissa K. Scanlan and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the case for a New Environmentalism, and using a systems change approach, takes the reader through ideas for reorienting the economy. It addresses the laws and policies needed to support the emergence of a new economy across a variety of major areas – from energy to food, across common pool resources, and shifting investments to capitalize locally-connected and mission-driven businesses. The authors take the approach that the challenges are much broader than setting parameters around pollution, and go to the heart of the dominant global political economy. It explores the values needed to transform our current economic system into a new economy supportive of ecological integrity, social justice, and vibrant democracy.