Announcements

The eJournal is sponsored by the Environmental Law Center at the Vermont Law School, home to one of the nation's leading environmental law programs. Since establishing the Environmental Law Center in 1978, Vermont Law School has been training people to be environmental leaders in government, nonprofits, corporations, and private practice - locally, nationally, and internationally. With the largest and deepest graduate environmental law program in the country, the Environmental Law Center offers the most comprehensive environmental law and policy curriculum in the nation for law students, and also confers the Master of Environmental Law and Policy (MELP) and Master of Laws in Environmental Law (LLM) degrees, as well as a joint JD/MELP degree. The Vermont Law School's Environmental Law Center is also home to the Institute for Energy and the Environment, Environmental Tax Policy Institute, Climate Legacy Initiative, Land Use Institute, Partnership for Environmental Law in China, and Environmental and Natural Resources Law Clinic.


Table of Contents

The Fracking Revolution: Shale Gas as a Case Study in Innovation Policy

John M. Golden, The University of Texas at Austin - School of Law
Hannah Jacobs Wiseman, Florida State University - College of Law

Bio-Logging of Marine Migratory Species in the Law of the Sea

James Kraska, Stockton Center for the Study of International Law, University of Virginia School of Law, Center for Oceans Law & Policy, University of Virginia School of Law, Center for National Security Law, Duke University Marine Laboratory, University of California Berkeley School of Law, Law of the Sea Institute, Foreign Policy Research Institute (FPRI)
Guillermo Ortuño Crespo, Duke University - Nicholas School for the Environment
David W. Johnston, Duke University - Nicholas School for the Environment

The Conflict Minerals Experiment

Jeff Schwartz, University of Utah - S.J. Quinney College of Law

Competing Narratives and Complex Genealogies: The Ecosystem Approach in International Environmental Law

Vito De Lucia, K.G.J. Center for the Law of the Sea, Faculty of Law, UiT Arctic University of Norway


NATURAL RESOURCES LAW & POLICY eJOURNAL
Sponsored by the Environmental Law Center at Vermont Law School

"The Fracking Revolution: Shale Gas as a Case Study in Innovation Policy" Free Download
Emory Law Journal, Vol. 64, No. 3, 2015 Forthcoming
U of Texas Law, Law and Econ Research Paper
FSU College of Law, Public Law Research Paper No. 726
FSU College of Law, Law, Business & Economics Paper No. 15-5

JOHN M. GOLDEN, The University of Texas at Austin - School of Law
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HANNAH JACOBS WISEMAN, Florida State University - College of Law
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The early twenty-first century has witnessed a boom in oil and natural gas production that promises to turn the United States into a new form of petrostate. This boom raises various questions that scholars have begun to explore, including questions of risk governance, federalism, and export policy. Relatively neglected, however, have been questions of why the technological revolution behind the boom occurred and what this revolution teaches about innovation theory and policy. The boom in U.S. shale gas production reflected long-gestating infrastructure developments, a convergence of technological advances, government-sponsored research and development, the presence or absence of intellectual property rights, rights in tangible assets such as land and minerals, and tax and regulatory relief. Consequently, the story behind the boom reaches far beyond the risk-taking and persistence of George Mitchell, whose independent production company achieved pioneering success with hydraulic fracturing (“fracking?) in Texas’ Barnett Shale. Indeed, the broader story demonstrates how a blend of distinct policy levers, reasonably adjusted over time, can combine to foster a diverse innovation ecosystem that provides a robust platform for game-changing innovation. As exemplified by this story, the centrality of other policy levers can mean that patents play only a modest role even in spurring technological development by profit-driven private players. Finally, the Article demonstrates how. Such lessons can helpfully inform efforts either to extend the United States’ “fracking revolution? abroad or to develop other potentially revolutionary technologies such as those associated with renewable energy. Lessons drawn from this case study include “negative lessons? about the possibility and even likelihood of downsides of a technological boom or the policies used to promote it — for example, environmental damage that more careful regulation of a developing technology such as fracking might have avoided. Anticipatory and continuing attention to such potential downsides can help prevent innovation-promoting policies from becoming “sticky? in a way that undercuts innovation’s promise and popular appeal.

"Bio-Logging of Marine Migratory Species in the Law of the Sea" Free Download
Marine Policy, 51, p. 394, 2015

JAMES KRASKA, Stockton Center for the Study of International Law, University of Virginia School of Law, Center for Oceans Law & Policy, University of Virginia School of Law, Center for National Security Law, Duke University Marine Laboratory, University of California Berkeley School of Law, Law of the Sea Institute, Foreign Policy Research Institute (FPRI)
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GUILLERMO ORTUÑO CRESPO, Duke University - Nicholas School for the Environment
DAVID W. JOHNSTON, Duke University - Nicholas School for the Environment
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The use of advanced and emerging remote data-collection technologies, and in particular bio-logging of marine migratory species, raises fundamental questions about the scope of authority of coastal states to regulate marine scientific research in the waters under their jurisdiction. Bio-logging involves the attachment of devices to marine animals that collect and transmit data about their movements and aspects of the local marine environment, and is now routinely used by marine scientists to support conservation programs and augment oceanographic data collection. Tagged marine life, including seabirds, marine mammals, sea turtles and pelagic fishes, may interact unpredictably with the territorial seas and exclusive economic zones (EEZs) of numerous coastal states. This article explores the legal implications of bio-logging within the legal regime of marine scientific research in the law of the sea. Although bio-logging is a form of marine scientific research, when it is initiated outside a coastal state's jurisdiction it does not later fall within it, even if the tagged animals subsequently enters a coastal state's territorial sea or EEZ.

"The Conflict Minerals Experiment" Free Download

JEFF SCHWARTZ, University of Utah - S.J. Quinney College of Law
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In Section 1502 of Dodd-Frank, Congress instructed the SEC to draft rules that would require public companies to report annually on whether their products contain certain Congolese minerals. This unprecedented legislation and the SEC rulemaking that followed have inspired an impassioned and ongoing debate between those who view these efforts as a costly blunder and those who view them as a measured response to human-rights abuses committed by the armed groups that control many mines in the Congo.

This Article for the first time brings empirical evidence to bear on this controversy. I present data on the inaugural disclosures that companies submitted to the SEC. Based on a quantitative and qualitative analysis of these submissions, I argue that Congress’s hope of supply-chain transparency goes unfulfilled, but amendments to the rules could yield useful information without increasing compliance costs. The SEC filings expose key loopholes in the regulatory structure and illustrate the importance of fledgling institutional initiatives that trace and verify corporate supply chains. This Article’s proposal would eliminate the loopholes and refocus the transparency mandate on disclosure of the supply-chain information that has come to exist thanks to these institutional efforts.

"Competing Narratives and Complex Genealogies: The Ecosystem Approach in International Environmental Law" 
in Journal of Environmental Law (2014) doi: 10.1093/jel/equ031 (First published online: November 28, 2014)

VITO DE LUCIA, K.G.J. Center for the Law of the Sea, Faculty of Law, UiT Arctic University of Norway
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The ecosystem approach, broadly understood as a legal and governance ‘strategy for the integrated management of land, water and living resources’ is being increasingly adopted within a wide variety of international environmental legal regimes. From freshwater to oceans, from biodiversity to fisheries, from Antarctica to climate adaptation, the approach provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. Responding to hopes of arresting, and reversing, the increasingly negative trends of resource depletion and ecological degradation affecting most ecosystems in the world, the ecosystem approach promises to ‘protect the environment, maintain healthy ecosystems, preserve biological diversity, and achieve sustainable development’, all at once. This article problematises the ecosystem approach in order to highlight its complex genealogies, and its contested and slippery character, which makes it susceptible to discursive capture by competing narratives.

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About this eJournal

Sponsored by: Institute for Energy and the Environment at the Vermont Law School. This eJournal distributes working and accepted paper abstracts dealing with the regulation, management, and distribution of natural resources. The eJournal will discuss a diverse array of natural resource topics such as public and private land use, wildlife and biodiversity, forest protection, mineral rights, parks and wilderness, the public trust doctrine, water and wetlands, and tribal lands and resources.

Submissions

To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page.

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If your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: RPS@SSRN.com

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Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing (SSEP) and Social Science Research Network (SSRN)

Directors

ENVIRONMENTAL & NATURAL RESOURCES LAW EJOURNALS

BERNARD S. BLACK
Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.

Advisory Board

Natural Resources Law & Policy eJournal

LEE P. BRECKENRIDGE
Professor of Law, Northeastern University School of Law

HOLLY DOREMUS
Professor of Law, University of California, Berkeley - School of Law

TIMOTHY P. DUANE
Professor, University of California, Santa Cruz

JONATHAN NASH
Professor of Law, Emory University School of Law

DAVE OWEN
Associate Professor of Law, University of Maine - School of Law

ROBERT V. PERCIVAL
Robert F. Stanton Professor of Law and Director of the Environmental Law Program, University of Maryland - Francis King Carey School of Law

MELISSA POWERS
Assistant Professor of Law, Lewis & Clark Law School

J. B. RUHL
David Daniels Allen Distinguished Chair in Law, Vanderbilt University - Law School

MARK STEPHEN SQUILLACE
Professor of Law and Director of the Natural Resources Law Center, University of Colorado Law School

STEPHANIE TAI
Associate Professor of Law, University of Wisconsin Law School

JAY WEXLER
Professor of Law, Boston University School of Law