Download or read book Federalism in the Forest written by Tomas M. Koontz and published by Georgetown University Press. This book was released on 2002-08-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: A love for nature and the forest drew Tomas Koontz to develop a keen interest in the workings of public forest management and forest policy. Beyond policy, however, this book is also about the very human issues of federalism, decentralization of control over public lands, citizen participation, and how agency policies, both state and federal, are formulated and exercised. Federalism in the Forest is the first book to examine and compare public policy performance across both state and national levels, explaining why state agencies excel at economic outputs and profitability, the management of land with state income in mind-while national agencies are stronger in citizen participation and the inarguably important role of environmental protection. Instead of focusing on historical development of federal-state roles or on state officials as affected by national polices, Koontz shows how officials, when given authority, both make and implement policy at the state versus the national level. Although arguments fly about the decentralization of public lands-most often based on ideology-Koontz offers empirical evidence that demonstrates not only that devolution matters, but how.
Download or read book Dynamic Forest Federalism written by Blake Hudson and published by . This book was released on 2014 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically -- the constitutional validity of expanded federal regulatory authority over resources has consistently been upheld by courts in recent decades, and federal, state, and local governments have been increasingly politically engaged in addressing environmental harms. Yet, remnants of “dual federalism” -- which conceives of constitutionally protected, separate spheres of governance as between the federal and state governments -- impact the governance of certain resources, like subnational forests. The preservation of the nation's forests, in turn, is critical to environmental well-being in the coming decades, especially when considering the crucial role of forests in combating climate change. The entrenchment of legal and political dualism in the forest context stymies federal inputs into subnational forest management at a time when state and local governments are unlikely, given current trends, to curb the destruction of a significant acreage of the nation's forests over the next fifty years. This Article, first, uses forest resources as a case study to shed light on the broader constitutional debate regarding dual versus dynamic regulatory approaches in the United States. Second, the Article is the first to thoroughly detail the under-analyzed status of subnational forest management regulation on the dual-dynamic federalism spectrum and the first to make a normative argument that U.S. forest policy should become more dynamic to avoid the unmitigated destruction of resources of increasing value to the nation, and indeed the globe, in a time of climate change.
Download or read book Climate Change Forests and Federalism written by Evgeny Guglyuvatyy and published by Springer Nature. This book was released on 2022-03-15 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change is one of the most serious global challenges facing humankind. Climate change has enormous environmental and economic implications, and finding a solution is a daunting task. The purpose of this book is to look at the global problem of climate change through the prism of an individual country's attempt to tackle this problem. This book begins with a discussion of the origins of climate change and the evolution of the international response to climate change. Key climate change mitigation actions and policies are considered to provide the necessary framework for analysing Australia's approach to climate change. Australia's climate change policy development is considered from a historical perspective. The book traces the evolution of the response to climate change, focusing on Australia as one of the Federal countries unable to adequately reduce greenhouse gas emissions due to the systematic failure of the Australian government to develop a common and effective approach to the problem of climate change. The book will be of interest to scholars and students of environmental law and the contemporary International and Australian climate change law.
Download or read book Seeing the Global Forest for the Trees written by Blake Hudson and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both international forest and climate negotiations have failed to produce a legally binding treaty that addresses forest management activities - either comprehensively or more narrowly through carbon capture - due, in part, to lack of US leadership. Though US cooperation is crucial for facilitating both forest and climate negotiations, the role of federalism in constraining these trends has been given scant attention. We argue that, as embodied in the US Constitution, federalism complicates the US's role in creating any legally binding treaty that directly regulates land uses (e.g. forest management). Because federalism reserves primary land use regulatory authority for state governments, voluntary, market-based mechanisms, like REDD and forest certification, should be included within any binding treaty aimed at forest management, in order to facilitate US participation.
Download or read book Federalism written by Christine Von Arb and published by . This book was released on 2004 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Development of Governmental Forest Control in the United States written by Jenks Cameron and published by Ardent Media. This book was released on 1928 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law and Policy of Environmental Federalism written by Kalyani Robbins and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.
Download or read book Forest Federalism written by Rohini Chaturvedi and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Climate Change Forests and Federalism written by Blake Hudson and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite numerous attempts over the past two decades--including, most recently, the Copenhagen climate discussions in late 2009--international forest and climate negotiations have failed to produce a legally binding treaty addressing global forest management activities. This failure is due in large part to a lack of U.S. leadership. Though U.S. participation in ongoing forest and climate negotiations is essential, scholars have not fully explored the potential limiting effects of federalism on the United States' treaty power in the area of forest management. Such an exploration is necessary given the debate among constitutional law scholars regarding the scope of the treaty power, the United States' history of invoking federalism to inhibit treaty formation and participation, and the constitutional reservation of primary land use regulatory authority for state and local governments. This Article argues that due to great uncertainty surrounding the question of whether federalism limits the federal government's ability to enter into and implement a legally binding treaty directly regulating forest management activities via prescriptive mechanisms, any binding treaty aimed at forests should include voluntary, market-based mechanisms--like REDD, forest certification, and ecosystem service transaction programs--to facilitate U.S. participation and avoid challenges to treaty implementation in the United States.
Download or read book Fail Safe Federalism and Climate Change written by Blake Hudson and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent research demonstrates the difficulties that federal systems of government may present for international treaty formation, a prime example being legally binding treaties aimed at harnessing global forests to regulate climate change. Some federal constitutions, such as the U.S. and Canadian constitutions, grant subnational governments virtually exclusive direct forest management regulatory authority for non-federally owned forests. With subnational governments controlling sixty-five percent of forests in the United States and eighty-four percent in Canada, the U.S. and Canadian federal governments may be constrained during international negotiations and unable to legally bind subnational governments to any agreement prescribing methods of utilizing these forests to combat climate change. These constraints are especially important since these two countries control fifteen percent of the world's forests. Decentralized forest policy in the U.S. and Canada certainly provides valuable benefits. Yet constitutional decentralization in federal systems should be more effectively balanced with global forest governance if that mechanism for addressing climate change is to be preserved in its most flexible form. Though a binding agreement has yet to materialize, and other increasingly touted mechanisms may be utilized to tackle climate change, it is imperative that world governments maintain every legal and policy tool at their disposal to address the problem. A recent comparative constitutional analysis of five federal systems controlling fifty-four percent of global forests determined that the United States and Canada lack two of the three key elements of federal constitutional structure that best facilitate a federal nation's ability to enter into and successfully implement an international climate agreement including forests while also preserving the recognized benefits of decentralized forest policy. This Article addresses how these constitutional deficiencies might be remedied to achieve more effective climate and forest governance. In other words, the Article explores mechanisms for establishing “Fail-safe Federalism” for forest management in the United States and Canada, by first highlighting the domestic nuances of both constitutional structure and forest policy in the two countries and next assessing whether top-down, bilateral, horizontal, or transnational approaches are the most effective mechanisms for forging Fail-safe Federalism within each.
Download or read book Constitutions and the Commons written by Blake Hudson and published by Routledge. This book was released on 2014-03-26 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.
Download or read book Federalism and the Tug of War Within written by Erin Ryan and published by Oxford University Press, USA. This book was released on 2011 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Download or read book A Policy Approach to Federalism written by Dorotha Myers Bradley and published by . This book was released on 1986 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal and State Forest Laws written by Forest Products Laboratory (U.S.) and published by . This book was released on 1905 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Policy of Forestry for the Nation written by Henry Solon Graves and published by . This book was released on 1919 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Changing Legal Environment of Northern Forest Policy Making written by Errol Meidinger and published by . This book was released on 2017 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper reviews recent developments in federal "takings" law, administrative law, and federalism, and discusses their implications for Northern Forest policy making. It describes a growing tendency to structure legal authority for natural resource decision making in a system of unilateral rather than correlative rights. Decision making powers receive differential levels of privilege, with private property rights first, centralized government second, and public involvement third. These trends are likely to make it difficult to evolve Northern Forest policy making structures, and suggest that they may have to be built either in opposition to current legal developments or in separate political institutions.
Download or read book Federal Forest Management written by United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Forests and Public Land Management and published by . This book was released on 1995 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt:
