"Nature Conservation and the Voluntary Principle"
John M. Francis examines the dilemma that arises from the British application of “voluntary principle” legislation to long-term land management strategies in support of nature conservation.
John M. Francis examines the dilemma that arises from the British application of “voluntary principle” legislation to long-term land management strategies in support of nature conservation.
This article tells the epic tale of the fall and rise of Mono Lake— the strange and beautiful Dead Sea of California—which fostered some of the most important environmental law developments of the last century.
Erin Ryan argues that environmental law is uniquely prone to federalism discord because it inevitably confronts the core question with which federalism grapples—who gets to decide?—in contexts where state and federal claims to power are simultaneously at their strongest.
In the United States, debate over the responsibilities of different levels of government are framed within our system of constitutional federalism, which divides sovereign power between the central federal administration and regional states. Dilemmas about devolution have been erupting in all regulatory contexts, but environmental governance remains uniquely prone to federalism discord because it inevitably confronts the core question with which federalism grapples—“who gets to decide?”— in contexts where state and federal claims to power are simultaneously at their strongest.