I        ALTENATIVE ENERGY
II.       AQUACULTURE
III.      CLIMATE CHANGE
IV.     COASTAL HAZARDS

V.      COASTAL MANAGEMENT
VI.      CORAL REEFS
VII.     ECOSYSTEM MANAGEMENT
VIII.    ENDANGERED SPECIES

IX.      ENVIRONMENTAL LAW
X.       FISHERIES MANAGEMENT
XI.      LAW OF THE SEA
XII.     MARINE PROTECTED AREAS
XIII.    MARINE SECURITY
XIV.   MARITIME BOUNDARIES
XV.    OCEAN GOVERNANCE
XVI.    POLLUTION
XVII.   SHIPPING
XVIII.  SUSTAINABILITY
XIX.    WATER LAW
XX.     WETLANDS

IX. ENVIRONMENTAL LAW

Angelo, Mary Jane, and Mark T. Brown. “Incorporating Emergy Synthesis into Environmental Law: An Integration of Ecology, Economics, and Law.” 37 En­vironmental Law 963 – 986 (2007).Angelo and Brown look at the potential for using emergy synthesis as a tool for environmental decision making that integrates ecology, economics, and law. “Emergy” is a contraction of “embodied energy” and is used to measure the work of nature and humans in generating products and services. The authors look at the advantages that emergy synthesis offers over other decision making tools in environmental law. The article uses examples to explain how emergy synthesis may be implemented, including an analysis of how the mechanism may be used with federal laws such as the Endangered Species Act and the Federal Insecticide, Fungicide, and Rodenticide Act. 

Antolini, Denise E., and Clifford L. Rechtschaffen. “Common Law Remedies:  A Refresher.” 38 Environmental Law Reporter 10114 – 10127 (2008).
Antolini and Rechtschaffen provide an overview of common law theories that may be used to protect the environment. The authors note instances in which environmental statutes would preempt federal and state common law claims. 

Barsh, Russel Lawrence. “Coast Salish Property Law: An Alternative Paradigm for Environmental Relationships.” 14 Hastings West-Northwest Journal of Environmental Law and Policy 1375 – 1416 (2008).
The Salish region is located between the Cascade and Olympic mountain ranges in the Pacific Northwest. Barsh compares Coast Salish property law to Western property law. He suggests that the Coast Salish property law could provide an alternative paradigm of environmental law. The author bases the article on the work of three scholars of Coast Salish people from the early to mid-twentieth century. 

Blumm, Michael C., and Erik Grafe. “Enacting Libertarian Property:  Oregon’s Measure 37 and Its Implications.” 8 Denver University Law Review 279 – 368 (2007).
Blumm and Grafe look at Oregon’s Measure 37, “a measure promising landowners complete compensation for any regulation reducing any value of land imposed after acquisition by the owner or her family.” The authors look at the history of land use law in Oregon and the events leading to the adoption of Measure 37. The article details the judicial interpretations of the measure. The authors also explain how the measure’s exceptions will affect the implementation of the measure. Blumm and Grafe ponder the viability of such a measure in other states. The authors conclude that “Measure 37 is an unfortunate experiment that ought not to enjoy widespread replication …” 

Boudreaux, Paul. “Biodiversity and a new ‘Best Case’ for Applying the Environmental Statutes Extraterritorially.” 37 Environmental Law 1107 – 1143 (2007).
Although the federal courts have adopted a presumption that most environmental statutes do not apply to conduct overseas, Boudreaux makes a “best case” argument for applying United States environmental laws extraterritorially. He uses § 7 of the Endangered Species Act to make his case. Boudreaux says that international conduct inevitably affects interest in the United States, pointing out how protecting endangered species abroad would preserve goods and services for the United States. In his best case, the author also points out how the federal laws may be applied in a way that would provide for a minimum amount conflict between the national and international laws. 

Brosnan, Deborah M.  “Science, Law, and the Environment: The Making of a Modern Discipline.”  37 Environmental Law 987 – 1006 (2007). 
Using examples from the Endangered Species Act and recent advances in modern science, Brosnan illustrates how science and law, within the context of environmental law, influence each others’ thinking, direction, and advances. The article calls for the recognition that science and law are intertwined and advocates the development of a new modern discipline that trains students to be fluent in science, law, and policy.

Carson, Avery Emison. “Integrating Conservation Uses into Takings Law: Why Courts Should View Conservation as a Possible Highest and Best Use.” 86 North Carolina Law Review 274 –303 (2007).
Carson examines how conservation uses could be factored into the “just compensation” property owners receive when there has been a Constitutional taking. The article first examines the basics of eminent domain and regulatory takings, including the standards courts usually consider in determining just compensation in takings case. Next, the author looks at takings cases in which courts have considered whether or not to take conservation uses into account when valuing property. Carson also outlines current environmental markets and explains how they may be used to protect environmental resources. 

Chen, Linus. “National Association of Home Builders v. Defenders of Wildlife and the Meaning of Agency ‘Discretion’.” 38 Environmental Law Reporter 10039 – 10056 (2008).
Chen looks at the circuit court split over the meaning of discretion and agency authority following the Supreme Court’s decision in National Association of Home Builders v. Defenders of Wildlife. He suggests that the Supreme Court incorrectly decided that the Environmental Protection Agency did not have to undergo consultations under § 7 of the Endangered Species Act before delegating CWA permitting authority to the states. He argues that the Court’s decision could increase the use of “discretion” as a defense for agency action or inaction. 

Crespi, Gregory Scott. “What’s Wrong with Dumping Radioactive Wastes in the Ocean? The Surprising Ethical and Policy Analysis Implications of the Problem of Person-Altering Consequences.” 37 Environmental Law Reporter 10873 – 10887 (2007).
Crespi makes an argument against a commonly cited rationale for environmental protection: the ethical obligation to protect the planet for future resources. He suggests that this rationale may be misguided, since policy decisions could have “person-altering consequences,” meaning that the policy decisions will affect how many and which people make up future generations. He explains that present policy decisions could affect the future generations that will be born. 

Granger, Leah C. “The Role of International Tribunals in Natural Resource Disputes in Latin America.” 34 Ecology Law Quarterly 1297 – 1347 (2007).
With the proliferation of international tribunals in recent years, some of the tribunals exercise authority over the same jurisdictions. Although conventional wisdom is that this could lead to conflict, Granger argues that the existence of international tribunals that share jurisdiction over the same issue will foster the protection of natural resources. Granger reinforces her argument with an examination of how multiple tribunals have provided a benefit for four natural resource disputes in Latin America. 

Haughey, Addie, et. al. “Exploring How Today’s Development Affects Future Generations Around the Globe: World News.” 8 Sustainable Development Law and Policy 76 – 77 (2007).
Dividing the globe into six regions, Haughey and coauthors look at recent developments in environmental law. The article includes studies of the Arctic Ocean’s circulation change and notes recent events concerning the loggerhead sea turtle in the United States. 

Houck, Oliver A. “Standing on the Wrong Foot: A Case for Equal Protection.” 58 Syracuse Law Review 1 – 43 (2007).
Houck explains how the limitation of standing in environmental cases denies equal protection under the law. He looks at the controversy over standing to sue, specifically at the case or controversy test. Houck examines the treatment of the standing issue by the courts, including an analysis of the issue in Massachusetts v. Environmental Protection Agency. 

Lee, Ruth Jackson.  “The Changing Tide of Land Use and Environmental Law.”  23 Journal of Land Use and Environmental Law 111 – 133 (2007).  
Lee surveys a few court decisions and statutory developments from the past year in land use and environmental law to illustrate attempts to reconcile competing interests.

 Matthews, Joan Leary. “2005-2006 Survey of New York Law: Environmental Law.” 57 Syracuse Law Review 1081 – 1133 (2007).
In this review of New York environmental law, Matthews provides a look at recent case law and new regulations affecting the state. The article contains information on environmental quality review, water quality and wetlands, and open space protection. 

McCarthy, Elena, and Flora Lichtman.  “The Origin and Evolution of Ocean Noise Regulation under the U.S. Marine Mammal Protection Act.”   13 Ocean and Coastal Law Journal 1 – 46 (2007).    
McCarthy and Lichtman review the regulation of ocean noise under the Marine Mammal Protection Act (MMPA). The authors explain how the broadening of the definition of “take” under the MMPA has made administration of the act more challenging. The authors use the example of ocean noise to illustrate the problem. McCarthy and Lichtman recommend several changes to the law, including a wider application of the General Authorization, the use of Marine Protected Areas as a regulatory tool, and an overhaul of the MMPA’s broad definition of harassment.   

Sax, Joseph L.  “The Unfinished Agenda of Environmental Law.”  14 Hastings West-Northwest Journal of Environmental Law and Policy 1 – 11 (2008).
Sax reflects on the infancy of environmental law in the industrialized nations in which it has only been four decades since the basic environmental protections laws were instituted.  The article focuses on what changes in the law still must occur to ensure protection of the environment.

Sheldon, Karin P. “Eight Lessons in Search of the Future: Observations on the Occasion of the Silver Anniversary of the Virginia Environmental Law Journal.” 25 Virginia Environmental Law Journal 37 – 54 (2007). 
Sheldon considers the past and the future of environmental law. She describes how the necessity of environmental law has fallen from the public forefront at a perplexing time: when two environmental threats, climate change and energy consumption, are impending. Sheldon discusses the lessons that have been learned in environmental law thus far.

Smith, Brooks Meredith, and Andrea West Wortzel. “Environmental Law.” 42 University of Richmond Law Review 383 – 416 (2007).
In this annual survey, Smith and Wortzel highlight key developments in environmental law in Virginia. The article gives in-depth information on different topics, including water quality, water resources, and natural resources. 

Steinberg, Jessica A. “Appraising Conservation Easement Donations:  The Need for More Uniform Standards and Greater Oversight.” 37 Environmental Law Reporter 10841 – 10854 (2007).
Steinberg advocates for standardized appraisal methods for charitable contributions of conservation easement donations. She explains how a uniform appraisal method and greater oversight by the Internal Revenue Service (IRS) would encourage more landowners to donate conservation easements on their property. Furthermore, a standardized framework would help the IRS to curb abuse of tax laws and guarantee that the conservation easements are donated in perpetuity. 

Stensvaag, John-Mark. “Preventing Significant Deterioration under the Clean Air Act:  New Facility Permit Triggers.” 38 Environmental Law Reporter 10003 – 10020 (2008).
In this third article in a series on preventing significant deterioration under the Clean Air Act, Stensvaag examines the conditions that require a new stationary source to secure a PSD permit. He looks at the benefits of avoiding such a permit and discusses the relevant statutory and regulatory language for the construction of a new major emitting facility. 

Stone, Christopher D.  “Is Environmentalism Dead?”  38 Environmental Law 19 – 45 (2008).
Environmentalism has recently been criticized as dead.  Stone concedes that there are reasons to be frustrated; however, this article attempts to put the criticisms into perspective by comparing the environmental movements with prior social movements. Stone does so by identifying the criteria upon which the movement should be judged and by analyzing the data accordingly.

X. FISHERIES MANAGEMENT 

Blumm, Michael C., and Hallison T. Putnam. “Imposing Judicial Restraints on the ‘Art of Deception:’ The Courts Cast a Skeptical Eye on Columbia Basin Salmon Restoration Efforts.” 38 Environmental Law 47 – 85 (2008).
Blumm and Putnam update an article written two years ago examining the restoration efforts for Columbia Basin Salmon. The article concludes that the federal agencies’ restoration efforts were not meaningful and predict that the efforts will come under “active and skeptical judicial review.” The authors examine several decisions that have in fact reviewed the restoration efforts, including three cases from the Ninth Circuit and two cases from federal district court. 

Dutton, Peter H., and Dale Squires. “Reconciling Biodiversity with Fishing:  A Holistic Strategy for Pacific Sea Turtle Recovery.” 39 Ocean Development and International Law 200 – 222 (2008).Recovery of sea turtle populations requires addressing: multiple sources of mortality; nonmarket, diffuse benefits with costs localized on the poor; and a transboundary resource with incomplete jurisprudence, markets, and institutions. Holistic recovery strategies include: beach conservation protecting nesting females, their eggs, and critical breeding habitat to maximize hatchling production; enhanced at-sea survival of turtles on the high seas and in commercial coastal fisheries; and reduced artisanal coastal fisheries mortality of turtles. The traditional approach of focusing long-term sustained conservation efforts on the nesting beaches has by itself led to increases in several sea turtle populations. However, current conservation is inadequate to reverse declines in other cases such as the critically endangered leatherback populations in the Pacific. Dutton and Squires discuss policy instruments comprising a holistic recovery strategy that reconciles fishing with biodiversity conservation.
Abstract courtesy of Ocean Development and International Law

 Eagle, Josh.  “A Window into the Regulated Commons: The Takings Clause, Investment Security, and Sustainability.”  34 Ecology Law Quarterly 619 – 654 (2007).
Under the holding of the U.S. Court of Appeals for the Federal Circuit in American Pelagic Fishing Co. v. United States, the government will almost never be held liable for an unconstitutional taking when fisheries regulations reduce the value of commercial fishing permits, vessels, or gear. Eagle argues that conflicts between fishing lobbyists and the dual roles of government, as both regulator and facilitator, are preventing the Magnuson-Stevens Fishery Conservation and Management Act from achieving its goal of sustainable fisheries. 

Edwards, Holly. “When Predators Become Prey: The Need for International Shark Conservation.” 12 Ocean and Coastal Law Journal 305 – 354 (2007).
In this article, Edwards advocates for international shark conservation. She explains the biological reasons sharks are particularly vulnerable to overfishing and looks at the impact of international trade on shark populations. She provides an overview of the international conservation measures regarding sharks, pointing out their weaknesses. Edwards concludes that improving the enforcement of existing international trade regulations would provide better protection for threatened shark populations. 

Jeon, Yongil, et. al. “Is There a Global Market for Tuna? Policy Implications for Tropical Tuna Fisheries.” 39 Ocean Development and International Law 32 – 50 (2008).
Regional ex-vessel markets for cannery-grade skipjack tuna throughout the globe are spatially integrated by price, but such markets for yellowfin tuna are spatially independent. The Americas exert primary price leadership in ex-vessel skipjack markets, but Bangkok and American Samoa also exert price leadership, and Ivory Coast, Japan, and Spain are largely price followers. Regional ex-vessel markets for skipjack and yellowfin are not integrated by prices. While price effects of this nature are simply evidence of a pecuniary externality, and thereby do not necessarily affect the overall size of global net benefits, in practice such price effects affect distribution among players—who wins and who loses—and in this manner, the eventual formation of, and compliance with, different management policies.
Abstract courtesy of Ocean Development and International Law

Politakis, George P. “From Tankers to Trawlers:  The International Labour Organization’s New Work in Fishing Convention.” 39 Ocean Development and International Law 119 – 128 (2008).
The Work in Fishing Convention, adopted at the last session of the International Labour Conference in June 2007, revises and updates a number of earlier International Labour Organization (ILO) instruments concerning the working and living conditions of fishers. The Convention aims to provide decent work for fishers and contribute to a sustainable fishing industry. Together with the Maritime Labour Convention of 2006, it stands as a prominent example of the ILO’s continued effort for consolidated, flexible, and easily ratifiable labor standards.
Abstract courtesy of Ocean Development and International Law

Towberman, Christine Goepp. “Fishing for a Solution:  The Role of the United States in Preventing Collapse of the Eastern Atlantic Bluefin Fishery.” 38 Environmental Law Reporter 10102 – 10113 (2008).
The Atlantic bluefin tuna is at risk from overfishing. Towberman notes that the Eastern and Western Atlantic bluefin populations are managed separately; however, overfishing in the eastern Atlantic region is straining the overexploited western Atlantic bluefin. She argues that, although the United States does not harvest or consume a large amount of eastern Atlantic bluefin, it should protect the species in order to preserve the western Atlantic bluefin. Towberman looks at the issues affecting the eastern Atlantic bluefin tuna and explores the possibility of unilateral trade sanctions by the United States. She concludes with suggestions for U.S. management of the Atlantic bluefin fishery. 

XI. LAW OF THE SEA

Freestone, David. “A Decade of the Law of the Sea Convention:  Is It a Success?” 39 George Washington International Law Review 499 – 542 (2007).
Freestone asks whether the United Nations Convention on the Law of the Sea (UNCLOS) has been a success, particularly in its efforts to preserve marine areas and other natural resources. The author looks at issues that have cropped up since the text of UNCLOS was finalized in 1982, including issues preceding the 1992 U.N. Conference on Environment and Development. Freestone also analyzes the 1994 and 1995 “Implementation Agreements.” The article identifies the most successful elements of UNCLOS, as well as pointing out issues that have developed that were not foreseen in the 1982 agreement. 

Keyuan, Zou. “Law of the Sea Issues between the United States and East Asian States.” 39 Ocean Development and International Law 69 – 93 (2008).
The United States is the sole superpower in the contemporary world and its role in the development of the law of the sea cannot be ignored. Although having not yet acceded to the U.N. Convention on the Law of the Sea, the United States has contributed to the development of the international law of the sea in numerous ways, including responding to the so-called excessive maritime claims in East Asia and creating new rules of maritime enforcement. Keyuan assesses this recent U.S. practice.
Abstract courtesy of Ocean Development and International Law

Kraska, James. “The Law of the Sea Convention: A National Security Success – Global Strategic Mobility through the Rule of Law.” 39 George Washington International Law Review 543 – 572 (2007).
Kraska provides an overview of the United Nations Convention on the Law of the Sea (UNCLOS). He concludes that the treaty has successfully provided a framework to manage ocean resources, while protecting freedom of the seas. The article explains how the treaty has been a national security success. Kraska warns that for the Convention to maintain its success, efforts must be made not to restructure the navigational regimes in a way that would diminish transit passage. 

Macnab, Ron. “Submarine Elevations and Ridges:  Wild Cards in the Poker Game of UNCLOS Article 76.” 39 Ocean Development and International Law 223 – 234 (2008).
Submarine elevations and ridges present an array of definitional uncertainties to coastal states that are engaged in the high-stakes process of delimiting extended continental shelves. Faced with the imprecise terminology of Article 76, with the nonspecific wording of the Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf (CLCS), and with the Commission’s rules of confidentiality that hamper the open exchange of information concerning ridge and elevation assessments in previous continental shelf implementations, a coastal state needs to develop its own evaluations of what might and might not pass the “test of appurtenance.” Significant components of a continental shelf submission might thus be formulated on the basis of these national evaluations, only to have the CLCS question them, which could necessitate a potentially expensive and time-consuming reworking of the submission. Macnab outlines the ramifications of this wild card effect.
Abstract courtesy of Ocean Development and International Law

XII. MARINE PROTECTED AREAS 

Aswani, Shankar, and Takuro Furusawa. “Do Marine Protected Areas Affect Human Nutrition and Health? A Comparison between Villages in Roviana, Solomon Islands.” 35 Coastal Management 545 – 565 (2007).
The implementation of marine protected areas (MPAs) for fisheries management has increased recently due to the perceived role of MPAs in conserving biodiversity, increasing fish stocks, and enhancing the food security of coastal communities. However, it is unclear whether MPAs may restrict the availability of marine resources and decrease overall food security and the health of the people. In the Roviana Lagoon of the Solomon Islands, we conducted cross-comparisons of villages with MPAs and a village without an MPA to assess whether MPAs influenced local perceptions of governance, environmental change, livelihood strategies, and actual human nutrition and health. Results showed that residents of villages with effective MPAs had higher energy and protein intake than those who had no MPA or an ineffective MPA. We conclude that “no-take” marine reserves do not have adverse effects and that when MPAs are effectively sustained they may enhance local nutrition and health.
Abstract courtesy of Coastal Management

 Himes, Amber H. “Performance Indicator Importance in MPA Management Using a Multi-Criteria Approach.” 35 Coastal Management 601 – 618 (2007).
Much has been written about the usefulness of marine protected areas (MPAs) as a management tool. Their performance has been measured using biological and ecological indicators. However, objectives of management also include economic and social responsibilities. As such, stakeholder objectives in MPA management are frequently incompatible. This has been attributed to the variety of stakeholders with an interest in how MPAs are managed. This article considers the development of a performance indicator hierarchy for the Egadi Islands Marine Reserve, and a multi-criteria approach implemented to define compromise positions between stakeholders in decision-making. Data was obtained from a pairwise comparison survey using the analytic hierarchy process to investigate preferences of stakeholder groups for performance indicators in evaluating marine protected area management. The analysis showed that although there are five key stakeholder groups, none are homogenous in prioritizing performance indicators and that none are clear with respect to what the MPA means for them.
Abstract courtesy of Coastal Management

Obegi, Doug. “Is There a Constitutional Right to Fish in a Marine Protected Area? Analysis of the California Constitution’s Right to Fish Provision and Its Impact on the State’s Power to Create Marine Reserves and Other Types of Marine Protected Areas (MPAs).” 14 Hastings West-Northwest Journal of Environmental Law and Policy 1419 – 1447 (2008).
The California Fish and Game Commission adopted regulations prohibiting or restricting fishing in a portion of state waters surrounding the Channel Islands. Fishermen alleged that the regulations violated the California Constitution’s Right to Fish provision. Obegi first looks at why Marine Protected Areas (MPAs) are important, including scientific support. He then looks at the state’s history and ability to manage marine resources. Obegi analyzes current and potential litigation regarding the Right to Fish provision and the MPAs and looks at the impact of the provision on the state’s ability to create MPAs. 

XIII.  MARINE SECURITY

Rosenberg, David, and Christopher Chung “Maritime Security in the South China Sea:  Coordinating Coastal and User State Priorities.” 39 Ocean Development and International Law 51 – 68 (2008).
Maritime security concerns in the South China Sea are increasing for several reasons: higher volumes of shipping traffic, protection of exclusive economic zone resources, piracy, terrorist threats, greater international scrutiny of ports and shipping, and the modernization of regional naval and coast guard forces. Coastal states and international user states have many overlapping interests in the South China Sea, for example, in promoting safe navigation through its busy sea-lanes. On other issues, in particular, antipiracy or anti-maritime terrorism measures, they have different views about the seriousness of the threats and the responses necessary to address them. Rosenberg and Chung examine the convergent and divergent maritime security interests of coastal states (China, Indonesia, Malaysia, and Singapore) and international user states (Australia, India, Japan, and the United States) in the South China Sea. It finds that multiple stakeholders pursuing diverse interests have yet to close the gap between goals and means of achieving maritime security.
Abstract courtesy of Ocean Development and International Law

Schofield, Clive, et. al. “Securing Maritime Australia:  Developments in Maritime Surveillance and Security.” 39 Ocean Development and International Law 94 – 112 (2008).
A long coastline and extensive maritime claims mean that Australia benefits from and has responsibility for an enormous maritime jurisdiction. Within this offshore area Australia faces significant, varied, and complex maritime security and ocean policy challenges. In response, Australia has taken a number of innovative steps toward enhancing its maritime security. Schofield and coauthors review Australia’s past practice together with some of the more recent developments in this context, particularly efforts to enhance offshore maritime surveillance and enforcement, such as the creation of the Taskforce on Offshore Maritime Security and Border Protection Command, establishment of the Australian Maritime Identification System, and implementation of augmented security patrols.
Abstract courtesy of Ocean Development and International Law

XIV.    MARITIME BOUNDARIES

McLaughlin, Richard J. “Hydrocarbon Development in the Ultra-Deepwater Boundary Region of the Gulf of Mexico: Time to Reexamine a Comprehensive U.S.-Mexico Cooperation Agreement.” 39 Ocean Development and International Law 1 – 31 (2008).

Finding and exploiting oil and gas resources in the ultra-deepwater areas of the Gulf of Mexico is occurring at an accelerated pace. New discoveries have recently been made in a large geological structure known as the Lower Tertiary Wilcox Trend that is located in the U.S.-Mexico Maritime Boundary Region. However, due to the transboundary characteristics of many of these hydrocarbons, some form of bi-national cooperation is necessary to effectively manage the shared resources, protect the oceanic environment and comply with evolving norms of international law before commercial production can begin. Well-established international customary norms prohibit unilateral exploitation of transboundary oil and gas resources. Consequently, it is important for the two nations to address these issues today rather than putting them off until they become a critical political problem in their bilateral relations.
Abstract courtesy of Ocean Development and International Law

 Song, Yann-Huei. “The Potential Marine Pollution Threat from Oil and Gas Development Activities in the Disputed South China Sea/Spratly Area: A Role that Taiwan Can Play” 39 Ocean Development and International Law 150 – 177 (2008).
Song examines the potential threat of marine pollution caused by offshore oil and gas development activities in the disputed areas of the South China Sea (SCS) and the Spratly Islands. After addressing the potential threat of marine pollution, Song discusses the legal obligations and political commitment of the SCS littoral states regarding the protection of the marine environment in the area. The role that Taiwan can play in these matters is also examined.
Abstract courtesy of Ocean Development and International Law 

Tanaka, Yoshifumi. “Reflections on the Conservation and Sustainable Use of Genetic Resources in the Deep Seabed beyond the Limits of National Jurisdiction.” 39 Ocean Development and International Law 129 – 149 (2008).
Attention is increasingly being given to genetic resources in the deep seabed beyond the limits of national jurisdiction owing to their considerable potential scientific and economic value. At the same time, there are concerns that the increased demand for these genetic resources may result in their unsustainable collection or even in the extinction of species in the deep seabed. At present there is no specific legal framework governing these resources in international law. Thus, Tanaka explores the relevant rules of international law applicable to the conservation and sustainable use of genetic resources in the deep seabed.
Abstract courtesy of Ocean Development and International Law

XV.   OCEAN GOVERANCE

Bondareff, Joan M.  “The EU Adopts an Integrated Maritime Policy and Action Plan: Is the U.S. Far Behind or Ahead?”  8 Sustainable Development Law and Policy 47 – 52 (2007).
On October 10, 2007, the European Commission adopted a new Integrated Maritime Policy for the European Union.  The Integrated Maritime Policy is accompanied by a detailed action plan, which features different implementation mechanisms. Bondareff reviews the key elements of the action plan and compares it to the United States policy and law on the oceans and coasts.

Lefebvre-Chalain, Helene. “Fifteen Years of Particularly Sensitive Sea Areas: A Concept in Development.” 13 Ocean and Coastal Law Journal 47 – 69 (2007).
On the fifteenth anniversary of the International Maritime Organization’s (IMO) adoption of a resolution setting forth guidelines for designating special zones and identifying particularly sensitive sea areas (PSSAs), Lefebvre-Chalain looks at the effectiveness of PSSAs. The article first looks at the PSSA model, noting its development over the past fifteen years. The author compares the model to other environmental concepts and evaluates the current PSSA model. Lefebvre-Chalain concludes with suggestions on improvements for the PSSA model and identifies potential locations for future PSSAs.

Sivas, Deborah A., and Margaret R. Caldwell. “A New Vision for California Ocean Governance: Comprehensive Ecosystem-Based Marine Zoning.” 27 Stanford Envi­ronmental Law Journal 209 – 269 (2008).
Sivas and Caldwell examine the potential for comprehensive ecosystem-based marine zoning for the state of California. The paper analyzes the existing framework of laws governing the California coast, identifying shortcomings and looking at alternative approaches. The authors suggest a new marine management regime that would facilitate coordination among agencies, reduce uncertainty for coastal users, and provide flexibility to changing uses and circumstances. Sivas and Caldwell outline the necessary components of state legislation that would achieve these goals.  

XVI.   POLLUTION

Congdon, Chelsea H., et. al.  “Economic Incentives and Nonpoint Source Pollution: A Case Study of California’s Grasslands Region.”   14 Hastings West-Northwest Journal of Environmental Law and Policy 215 – 308 (2008).
Effectively controlling water pollution from agricultural drainage in California’s San Joaquin Valley has challenged and discouraged regulators, farmers, and environmentalists.  Problems associated with agricultural pollution in the San Joaquin Valley are similar to nationwide problems. The agricultural drainage crisis in the Grasslands region provides a good case study for testing the advantages and disadvantages of both incentive-based programs and traditional regulatory programs. Congdon and coauthors examine the feasibility of using economic incentives to control pollution from irrigated agriculture in the Grasslands.

Liu, X. “Consensus Building in Oil Spill Response Planning Using a Fuzzy Comprehensive Evaluation.” 35 Coastal Management 195 – 210 (2007).
Major accidental oil spills still affect ecologically and economically sensitive marine areas and shorelines, even though environmental programs and policies have led to an increase of ship safety measures. The aim of decision making during oil spill response management is to minimize pollution effects on coastal areas, once spills occur. However, limited equipments or options prevent such a globally satisfying combat strategy. Thus, often preferences between different coastal areas or uses, respectively, have to be made in an operational way. Such a management issue is here taken as a multigroup multicriteria decision-making problem involving a variety of stakeholders and natural dynamic environments. For solving such a complex problem, this article proposes a second order fuzzy comprehensive evaluation (FCE) model, which takes the influence of multiple criteria and the knowledge of different interested groups into account and further provides a basis for simulating a voting-based decision process. With the combination of oil fate simulations and FCE technique, managers are able to realize an integrated management for oil spill. Through a case study of the Prestige accident off the Spanish coast in 2002, it is demonstrated that the model provides a simple, effective and adaptable method to solve operational management problems related to complex human nature interactions as realized during oil spill management. Moreover, a series of analyses and comparisons are focused on to explore potentials and limitations of the FCE for further applications in the field of multigroup multicriteria decision making.
Abstract courtesy of Coastal Management

XVII.   SHIPPING

Kaiser, Mark J. “A Review of Ship Breaking and Rig Scrapping in the Gulf of Mexico.” 39 Ocean Development and International Law 178 – 199 (2008).
Ship breaking and rig scrapping is the process in which a unit is broken down and recycled into salvageable components, cut into pieces, and transported to a domestic steel mill or exported on a cargo vessel. Breaking is a labor-intensive, low-technology, and relatively homogeneous industry. Work conditions in breaking yards are difficult, dangerous, and potentially hazardous, with operations that are not well suited for mechanization. Ship breaking and rig scrapping share many common features in workflows, worker safety, and environmental issues, but also have notable differences in breaking cost and industry structure. Ship breaking and rig scrapping do not play a major role in the material handled by scrap processors in the United States, but they are part of the unique industrial landscape associated with the offshore energy industry. The purpose of this article is to review the scrap and storage markets for ships and rigs in the Gulf of Mexico. The disposal alternatives, inventory statistics, and the factors that influence breaking and disposal cost are reviewed. The primary environmental protection and worker safety statutes are also outlined
Abstract courtesy of Ocean Development and International Law

XVIII. SUSTAINABILITY

Brennan, Ruth. “The North Norfolk Coastline:  A Complex Legacy.” 35 Coastal Management 587 – 599 (2007).
The North Norfolk coast is a naturally eroding coastline that has been subject to various management strategies over time, many of which have impeded its natural evolution. The Kelling to Lowestoft-Ness Shoreline Management Plan underpins management of the North Norfolk coast, advocating policies of managed realignment and no active intervention for much of this coastline. Implementation of these policies would give rise to significant loss of housing in North Norfolk during the course of this century. This has caused intense conflict between local communities and coastal planners, with the former feeling abandoned to the vagaries of natural coastal processes. Coastal planners need to work closely with local communities to implement a long-term vision for a sustainable coast. The issues of conflicting land-use planning policies and compensation for affected communities must be addressed. The wider implications of current management strategies are not fully understood and may, in some cases, be unsustainable.
Abstract courtesy of Coastal Management

Dearden, Philip, et. al. “Perceptions of Diving Impacts and Implications for Reef Conservation.” 35 Coastal Management 305 – 317 (2007).
SCUBA diving can contribute to both coral reef degradation and conservation. Divers’ perceptions of these possible impacts were studied in Phuket, Thailand. The most endorsed impact of diving was a positive one: the educational impact on the divers. Impact perceptions changed after the dive. Perceptions of anchor damage and garbage disposal as negative impacts fell markedly. Following the trip liveaboard divers were more likely than day divers to see the impact of diving as positive. Almost 30% of divers witnessed perceived negative impacts on the reef by their dive group. Divers who saw damage were more likely to feel that diving has a negative impact on the reef than divers who did not see impacts. They were also more likely to take part in a reef conservation project. The results reinforce the potential for diving to be a positive force for reef conservation but indicate the need for greater investment in diver education.
Abstract courtesy of Coastal Management

Foster-Smith, J. et. al. “Human Impacts on Cable Beach, Broome (Western Australia). 35 Coastal Management 181 – 194 (2007).
There are concerns that Cable Beach, which is of outstanding natural beauty and a major tourist attraction for Broome and the Kimberley region of northwest Australia, is suffering damage from recreational use, particularly that caused by off-road vehicles. To assess current levels of human impact on the shore and its fauna, the southern-most kilometer of the Beach, covering an area to which vehicles had access and an adjacent area closed to vehicles, was surveyed for human usage and shore crab abundance. Human usage over the recording period was high in the area with high vehicular access. The amount of litter, although considerable, was well below that recorded in some other tourist destinations elsewhere in the world. Burrows of both the ghost crabs Ocypode spp, and the sand bubbler, Scopimera inflata, were less numerous in areas of high vehicle use than those of low use. Both species may be valuable in monitoring human impacts on Cable Beach.
Abstract courtesy of Coastal Management

Murray, Grant. “Constructing Paradise:  The Impacts of Big Tourism in the Mexican Coastal Zone.” 35 Coastal Management 339 – 355 (2007).
Although coastal tourism is often looked to as a way of generating foreign revenue, it can also engender a range of social and environmental impacts. From an historical perspective, this article examines the growth of Cancn in the Mexican state of Quintana Roo since the late 1960s. The article documents a range of socioeconomic and environmental impacts associated with the rise of coastal tourism, and suggests that centralized planning and the provision of physical and financial infrastructure does not prevent those impacts. The principal causes of these impacts are also described, including changes in land-usage, population, tourism markets, foreign market penetration and control, an emphasis on short-term economic gain, weak regulatory enforcement, and an overall lack of integration of coastal zone management.
Abstract courtesy of Coastal Management

Schlacher, Thomas A., and Luke M.C. Thompson. “Exposure of Fauna to Off-Road Vehicle (ORV) Traffic on Sandy Beaches.” 35 Coastal Management 567 – 583 (2007).
Driving of off-road vehicles (ORVs) on sandy beaches is common and widespread, but is not universally embraced due to putative environmental impacts on beach biota. For ORVs to impact the beach fauna, traffic areas must overlap with faunal habitat: a fundamental pre-requisite for impact assessments but as yet un-quantified for sandy beaches. Thus, this study quantified the spatial and temporal patterns of ORV traffic on five Australian beaches, and measured the degree to which the distribution of intertidal macro-invertebrates overlaps with traffic zones. Traffic volumes on beaches can be considerable (up to 500 vehicles per day). The position of beach traffic across the beach-face is principally governed by tides and driver behavior. Despite driver education campaigns to the contrary, a considerable fraction of vehicles (16-67%) traverses the soft, upper shore near the foredunes. The majority (65%) of burrowing invertebrate species of the intertidal zone is directly exposed to traffic, save for species inhabiting the swash zone. Because beach traffic presents a formidable management challenge, a fundamental first step in identifying whether ecological impacts are indeed likely, is to assess the potential for spatial and temporal conflict between human pressures (e.g., ORVs) and biological resources (e.g., beach fauna). Although this potential is certainly substantial for sandy shores used by ORVs, the actual ecological impacts on the intertidal fauna can only be predicted in situations where the responses (e.g., direct mortality, behavioral changes) of individual species to beach traffic are known.
Abstract courtesy of Coastal Management

Williams, Angela. “Reconciling Tourism and the Environment: A Task for International Environmental Law?” 9 Vermont Journal of Environmental Law 23 – 70 (2007).
Williams discusses the environmental impacts of the tourism industry on environments around the world. The article discusses possible legal mechanisms that could manage tourism in a manner that would protect the environment. Williams focuses on recent efforts to address the adverse impact on tourism and discusses whether these efforts have the potential to achieve environmentally sustainable tourism. 

XIX.   WATER LAW

Cosens, Barbara.  “Farmers, Fish, Tribal Power, and Poker; Reallocating Water in the Truckee River Basin, Nevada and California.”  14 Hastings West-Northwest Journal of Environmental Law and Policy 1243 – 1293 (2008).
Contemporary water policy increasingly focuses less on water development and more on improvements in management, efficiency, and scientific understanding, which often conflict with the law governing water allocation. Negotiation is playing an increasingly important role in the effort to solve modern problems. By looking at the Truckee River Basin, Cosens shows that locally driven negotiations to resolve problems of water allocation and management are the most efficient means to produce long-lasting solutions.

Davies, Lincoln L. “Just a Big, ‘Hot Fuss’? Assessing the Value of Connecting Suburban Sprawl, Land Use, and Water Rights through Assured Supply Laws.” 34 Ecology Law Quarterly 1217 – 1295 (2007).
As the population grows, land use and water supply issues grow more critical. Davies suggests that it is vital for states and localities to link land use and water supply planning. In this article, he advocates the use of assured supply laws to ensure that sprawl does not create an undue strain on water resources. The author analyzes the costs and benefits of assured supply laws. He suggests ways in which the laws may be most effectively designed to minimize sprawl and protect water resources. 

Fullerton, David. “Principles for Agreement on Bay/Delta Standards between the State of California and the Federal Government, as Signed on December 15, 1994.”  14 Hastings West-Northwest Journal of Environmental Law and Policy 179 – 202 (2008). 
On December 15, 1994, the state and federal governments, major water users, and environmental groups announced an agreement on the Bay/Delta environmental standards that will govern the Bay/Delta Estuary over the next three years. The Agreement represents the first time that the major interests involved in California water management have agreed to implement a specific list of protective measures for the Estuary; however, the Agreement does not solve the Estuary’s environmental or water supply problems in the Estuary. Fullerton describes and discusses the Agreement.

Giuda, Alita. “The Central Valley Project Improvement Act: Who Says Environmental Uses Are Not Beneficial?” 11 Albany Law Environmental Outlook Journal 304 – 332 (2007).
Examining Central Valley Water Agency v. United States, a case discussing the priority of rights for water allocation among users, Giuda looks at water allocation in the western United States. The author first gives an overview of the development of water law. Next, she looks at current priorities of water uses in California and discusses the Central Valley Project Improvement Act. Finally, Giuda concludes with suggestions for efficient water uses to benefit the western United States’ water allocation system. 

Gray, Brian E. “Dividing the Waters: The California Experience.” 14 Hastings West-Northwest Journal of Environmental Law and Policy 1297 – 1308 (2008).
Gray provides a review of California’s water policy. He notes the role of environmentalfactors in water division. He then turns to the increasing pressures to reallocate water supplies from agricultural uses to meet the needs of cities, suburbs, and businesses. Gray notes that California will need to improve the efficiency of water use and water allocation. The article includes analysis of court decisions that have shaped California water law. 

Gray, Brian E. “The Market and the Community: Lessons from California’s Drought Water Bank.” 14 Hastings West-Northwest Journal of Environmental Law and Policy 41 – 102 (2008).
Gray examines the legal issues related to the transfer of water from users in Yolo and Solano Counties to the 1991 Water Bank. The article evaluates the actions taken by the associated agencies in implementing the transfer, questioning their conformity with good public policy. Taking these issues into account, Gray suggests ways in which the state’s water transfer laws could be amended to address the inappropriate actions or redress actions “which inappropriately favored some of the competing interests over others.” 

‑Leshy, John D. “The Federal Role in Managing the Nation’s Groundwater.” 14 Hastings West-Northwest Journal of Environmental Law and Policy 1323 – 1348 (2008).
Groundwater is a vital resource for the United States. In the last half century, the use of groundwater for irrigation and for public water supplies has increased dramatically. Leshy notes that state law has proven inadequate in managing the nation’s groundwater and suggests that the federal government should take a more prominent role in managing the resource. The article includes examples of successful groundwater management strategies initiated by the federal government. 

Matthews, Nathan.  “Rewatering the San Joaquin River: A Summary of the Friant Dam Litigation.”  34 Ecology Law Quarterly 1109 – 1135 (2007). In 1988, the Natural Resources Defense Council (NRDC) sued the Federal Bureau of Reclamation in Natural Resources Defense Council v. Houston, alleging that water diversions at Friant Dam which dried up sixty miles of the San Joaquin River in California, violated several state and federal environmental laws. In the fall of 2006, eighteen years after the complaint was filed, the parties conditionally approved a settlement that will restore flows to the San Joaquin River. Congress, however, must first pass the settlement’s enabling legislation. Matthews describes the process that led to the settlement.

Tarlock, A. Dan, and Sarah B. Van de Wetering. “Growth Management and Western Water Law: From Urban Oases to Archipelagos.”  14 Hastings West-Northwest Journal of Environmental Law and Policy 983 – 1017 (2008).
Western states have experienced extensive population growth and increased rural development, which poses new challenges for land and water planners. Tarlock and Van de Wetering examine one growth management barrier: western water law and policy. The authors look at the possible integration of water law and growth management in the broader context of state governments’ traditional control of water allocation.

“A Model Water Transfer Act for California.” 14 Hastings West-Northwest Journal of Environmental Law and Policy 591 – 620 (2008).
The journal article provides a model water transfer act for California. 

XX. WETLANDS

Lin, Tao, et. al. “Analysis of Coastal Wetland Changes Using the “DPSIR” Model:  A Case Study in Xiamen, China.” 35 Coastal Management 289 – 303 (2007).
Over the past several decades, human activities have had significant impacts on coastal wetlands worldwide. Here, using a model of “Drivers-Pressures-State-Impacts-Responses (DPSIR)” and data collected from coastal wetlands in Xiamen, China, we have analyzed temporal changes in regional coastal wetland ecosystem structure and function from 1950 through 2005. The study period was divided into four parts for comparative analysis: pre-1980s, 1980s, 1990s, and 2000 to present. Our results show that anthropogenic drivers of coastal wetland degradation in this region have increased substantially since 1950, and that this is correlated with a decline in coastal wetland function over the same period.
Abstract courtesy of Coastal Management

Sapp, William W., et. al. “The Historic Navigability Test:  How to Use it to Advantage in this Post-Rapanos World.” 37 Environmental Law Reporter 10797 – 10809 (2007).
Sapp and coauthors discuss the Supreme Court’s decision in Rapanos v. United States. The article notes that the historic navigability test may be used to establish a significant nexus to a traditional navigable water. The authors provide an overview of historic use cases explaining how the approach may be used. 

Smith, Brandon C. “Jurisdictional Donnybrook: Deciphering Wetlands Jurisdiction after Rapanos.”  73 Brooklyn Law Review 337 – 381 (2007).
For the past decade, there has been rigorous debate over the test that should be applied in determining the Army Corps of Engineers’ jurisdiction, under the Clean Water Act, over wetlands. In Rapanos v. United States, the Supreme Court presented three different tests to determine jurisdiction with no test prevailing over the others.  Smith argues that the Rapanos court should have applied the approach, which granted agency deference when an agency’s construction of a statute is reasonable, to determine the Corps wetlands’ jurisdiction. He further argues that all courts addressing the appropriateness of the Corps’ wetlands jurisdiction should implement this approach.

Thigpen, Helen. “The Plurality Paradox: Rapanos v. U.S. and the Uncertain Future of Federal Wetlands Protection.” 28 Public Land and Resources Law Review 89 – 115 (2007).
In an article describing the plurality decision in Rapanos v. United States, Thigpen questions the future of federal wetlands protection. The author first explains the issues of the case and examines cases leading up to the decision. Thigpen reviews the opinions in Rapanos concluding that the plurality opinion did not create a workable framework for state and federal regulators. Finally, the article examines the impact of Justice Kennedy’s concurrence and focuses on what role he may play in future environmental decisions.

University of Mississippi