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Royal C. Gardner, Perspectives on Wetlands and Biodiversity: International Law, Iraqi Marshlands and Incentives for Restoration, 15 Colorado Journal of International Envtl. L. and POlicy 1 (2003)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Rehabilitating Nature: A Comparative Review of Legal Mechanisms That Encourage Wetland Restoration Efforts, 52 Cath. U. L. Rev. 573 (2003)Clicking on the button will copy the full recommended citation.
This article reviews the current legal mechanisms throughout the world that are designed to encourage wetland restoration activities. Part I examines international law that calls for wetland restoration. Part II explores non-regulatory programs that offer financial incentives for wetland restoration. In particular, direct payments to landowners and indirect payments through tax deductions and credits are noted. Part III explores domestic, non-cash incentives that are outside of traditional, permit-based regulatory programs. Such incentives include the generation of good will or favorable publicity for corporations (or their desire to avoid unfavorable publicity), governmental permission to conduct harvesting activities that would otherwise be limited or prohibited, and governmental assurances not to impose stricter land-use controls if the restoration project results in environmental improvements. Part IV reviews several domestic regulatory programs and indentifes incentives for wetland restoration, including mitigation banking.
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Royal C. Gardner, International Assistance, Sustainable Development, and the War on Terrorism, 32 Envtl. L. Reporter 10681 (2002)Clicking on the button will copy the full recommended citation.
This article discusses the relationship between international assistance and in particular official development assistance (ODA) and sustainable development. The article then reviews why the United States ought to provide international assistance for sustainable development. Then it examines the level of U.S. ODA, prior to the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janiero and post-Rio, and compares U.S. actions with those of other nations. The article concludes with the recommendations for the United States and for the World Summit on Sustainable Development in Johannesburg.
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Royal C. Gardner, International Assistance, Sustainable Development, and the War on Terrorism, reprint, in 32Official Development Assistance in Stumbling Towards Sustainability (John Dernbach ed., 2002)Clicking on the button will copy the full recommended citation.
This article discusses the relationship between international assistance and in particular official development assistance (ODA) and sustainable development. The article then reviews why the United States ought to provide international assistance for sustainable development. Then it examines the level of U.S. ODA, prior to the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janiero and post-Rio, and compares U.S. actions with those of other nations. The article concludes with the recommendations for the United States and for the World Summit on Sustainable Development in Johannesburg.
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Royal C. Gardner, Book Review, Wetlands Explained: Wetlands Science, Policy and Politics in America, Journal of Experimental Marine Biology and Ecology 192 (2002)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Corps’ New Regulatory Guidance Letter on Mitigation: Trick or Treat?, 24 Nat'l Wetlands Newsletter 3 (2002)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Compensating for Wetland Losses under The Clean Water Act, National Research Council (The National Academies Press, 2001)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Money for Nothing? The Rise of Wetland Fee Mitigation, 19 Virginia Envtl. L. Journal 1 (2000)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Invoking Private Property Rights for Environmental Purposes: The Takings Implications of Government-Authorized Aerial Pesticide Spraying, 18 Stanford Envtl. L. Journal 65 (1999)Clicking on the button will copy the full recommended citation.
Part II of this article summarizes the history of medfly eradication efforts in the United States and the events surrounding Florida's 1997 infestation and eradication experience. Part III reviews private property rights in light of physical takings cases. Applying the principles examined in Part III to wide-scale aerial pesticide spraying, Part IV explains why these invasions constitute takings, despite their minimal size and limited duration. Part IV also examines the possible government defenses of nuisance and necessity, and notes the difference between governmental intervention to protect public health and safety and invasive action to protect a specific industry. Part V assesses the implications of a takings challenge to wide-scale aerial pesticide spraying.
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Royal C. Gardner, Book Review, Diverse Opinions on Biodiversity, 6 Tulsa Journal of Comparative and International Law 303 (1999)Clicking on the button will copy the full recommended citation.