January 2007
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7 Reads
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2 Citations
Ecology Law Quarterly
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Publications (6)
January 2006
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38 Reads
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14 Citations
Ecology Law Quarterly
Twenty years ago Glacier National Park was considered the park most at risk from external threats, such as mining and timber harvesting on adjacent lands. This finding led to an earlier Article that examined whether Glacier officials were effectively defending the park from these external threats. We concluded that the park’s non-confrontational strategies were tenuous at best, but that some protection had been achieved by strong laws enforced by environmental advocates. We also noted the park’s early efforts to promote a regional management vision. Since then, the concept of a regional ecosystem that must be protected across formal borders has progressed significantly, though still imperfectly. This Article, based on detailed interviews and documents, is a twenty-year reassessment of resource management in the Glacier region, revisiting controversies from our earlier study and examining several new ones too. It also evaluates the actual forces that drive – and that impede – efforts to manage land in accord with habitat and watershed realities, rather than boundary lines drawn on a map.
August 2005
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3 Reads
International Journal of Cultural Property
The abundance of literature dealing with the Parthenon Marbles, the Benin Bronzes, and NAGPRA has made it seem that conflict over the fate of patrimonial property is always a story about contemporary society's encounter with its colonial past. Professor Bailkin's recent book reveals a considerably more varied, complex, and multi-layered history of cultural property controversies.
October 2000
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15 Reads
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11 Citations
California Law Review
Contemporary environmental law, focused on biodiversity protection and restoration, is proving especially contentious since it affects virtually all areas, public and private, developed and pristine, unlike an earlier time when some areas were set aside for protection, but elsewhere development was given virtually free rein. The new, broader needs of the biodiversity era have spawned a new style of public control, much more centered on collaborative, contract-like efforts to achieve restoration of natural functions within the developed worlds of agriculture, industry, and urban life. Three exemplary efforts to achieve compliance with the Endangered Species Act in the setting of heavily used rivers in the arid West are illustrative of the new style of environmental management, with all its promise and its problems.
January 1987
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6 Reads
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33 Citations
Ecology Law Quarterly
3 Reads
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2 Citations
Citations (5)
... Historical development of water rights has in some areas become out of sync with economic and social priorities, as the latter evolve more quickly than the former (Doremus and Hanemann, 2008). Further, in places with static prioritization systems for water allocation, changing social values may result in misalignment between the best supply sources and the uses with the highest values to society (Sax, 2007). Since urban areas were often settled more recently than the agricultural areas from which their water may be sourced, low priority of use can influence the risk for urban water supply. ...
- Citing Article
January 2007
Ecology Law Quarterly
... Double-digit growth in residential subdivisions adjacent to the National Elk Refuge in Jackson, Wyoming, has reduced the winter range for the 10,000 elk that use the refuge and displaced corridors that elk use to reach summer range in Yellowstone and Grand Teton national parks (Howe et al 1997). Cumulative impacts of residential and resource development (ie timber harvesting and energy development) near Glacier National Park in northwest Montana threaten the park's natural resources (Keiter 1985;Prato 2004;Sax and Keiter 2007). Burchell et al (2005) observe that '' [e]ach year, development disrupts wildlife habitat by claiming millions of acres of wetlands and forests. ...
- Citing Article
... Conservation law, as an enterprise and a field of study, is concerned with the legal frameworks and regulatory structures for the preservation and use of the natural environment (Owley, 2015). Laws can protect an ecological feature such as a watershed and allow its use according to specified criteria, or can prohibit an activity and make it an offence to do that activity unless a person obtains a license or other permission (Sax, 2000). It also focuses on governance and administrative structures for conservation (Van Hoorick, 2014), as well as the effectiveness of enforcement, licensing and permits to "use" the environment for a specific activity such as oil and gas extraction, and the role of rights holders (private property rights, Aboriginal/Indian rights) in conservation (Borrows, 2010;Sax, 2011) A hallmark of law is defining the scale at which conservation can occur, and the actors who have a formal role in decision-making for environmental management (Curran, 2015). ...
- Citing Article
October 2000
California Law Review
... The ESA is comprehensive legislation for the preservation of endangered species and has long been one of the most powerful environmental laws in the United States (Sax and Keiter 2006). It plays an important role in the management of river basins throughout the USA (Benson 2012, Craig 2014. ...
- Citing Article
January 2006
Ecology Law Quarterly
... 34 For information in international cooperation, see inter alia Dai 2002. 35 See Pahre 2009 Examples include Agee and Johnson 1988, Maehr 2004, Sax and Keiter 1987, Varley 1988, and Wondolleck and Yaffee 2000. 37 See Porter and Underwood 1999 Zbicz 2003 has a partial database. ...
- Citing Article
January 1987
Ecology Law Quarterly