Suchergebnisse

In recent years, the U.S. Supreme Court revived the long-dormant equal sovereignty doctrine, which states that the federal government cannot enact legislation that renders states unequal in power, dignity, and authority. Although the doctrine historically applied only in the context of states entering the Union, in the 2013 case Shelby County v. Holder, the Supreme Court broadened the doctrine's scope, holding that the doctrine applied to all disparate treatment of states. As such, the revived equal sovereignty doctrine leaves federal statutes—such as the Professional and Amateur Sports Protection Act ("PASPA"), which prohibits state-sanctioned casino sports gambling in all states except for Nevada—on uncertain constitutional grounds. Contrary to a recent Third Circuit holding, this Note argues that PASPA's disparate treatment of states violates the equal sovereignty doctrine. Under an approach developed by this Note, which requires Congress to demonstrate that disparate treatment of states is sufficiently related to the problem that the statute seeks to address, this Note contends that PASPA violates the equal sovereignty doctrine because the exemption of Nevada is not reasonably related to the national problem of sports gambling, which PASPA seeks to address. Importantly, adopting this approach would harmonize the Supreme Court's Commerce Clause jurisprudence with its recently expanded equal sovereignty doctrine analysis.

This article profiles a recent attempt by the Pennsylvania Department of Conservation & Natural Resources (DCNR) to sell lease rights to oil & gas reserves on nearly a half million acres of the state's forests. The case is analyzed from the post-positivist perspective, which encourages responsive communication between citizens & experts. The findings show that although the DCNR eventually made allowances for citizen review on the issue, the agency ignored the public's demand for environmental impact assessment. The DCNR's autocratic, or managerial, approach did not conform to contemporary public expectations regarding participatory norms in policy making. The case discussed in this article highlights the desirable or appropriate level of participation by the public in state agency policy decisions. 2 Tables, 53 References. Adapted from the source document.

Intro -- NATIONAL WILDLAND FIRE MANAGEMENT STRATEGY -- NATIONAL WILDLAND FIRE MANAGEMENT STRATEGY -- CONTENTS -- PREFACE -- Chapter 1 A NATIONAL COHESIVE WILDLAND FIRE MANAGEMENT STRATEGY -- EXECUTIVE SUMMARY -- PART 1: NATIONAL CHALLENGES - MANAGING WILDFIRE ON THE NATIONAL LANDSCAPE -- National Challenges -- Engaging the Public -- More Resilient Landscapes in Dynamic Environments -- Roles and Responsibilities -- Agency and Mission Differences -- Building on Past Success and Shared Understanding -- Shared Assumptions -- PART 2: GUIDING PRINCIPLES AND CORE VALUES -- PART 3 : NATIONAL GOALS AND PERFORMANCE MEASURES -- Restore and Maintain Landscapes -- Fire Adapted Communities -- Wildfire Response -- Monitoring and Evaluation -- PART 4 : GOVERNANCE -- Overall Governance of the Cohesive Strategy -- Future Governance -- Regional Strategy Committees -- PART 5 -- Wildfire Risk Assessment Process -- Regional Strategies and Assessments -- Regions -- Comparing National and Regional Strategies -- Phase II: Development of Regional Strategies and Assessments -- Phase III: National Trade-off Analysis and Execution -- Conclusion -- APPENDIX A: COMPA RATIVE RISK ASSESSMENT -- A Comparative Risk Assessment Framework for Wildland Fire Management -- I. Background -- Essential Elements for Analyzing Risk -- Balancing Regional and National Priorities -- II. Probabilistic Assessment of Wildfire Risk: A National Example -- III. Exploring Options for Reducing Risk -- Option 1. Invest to Prevent Human Caused Ignitions -- Option 2. Invest in Fuel Treatments -- Option 3. Invest to Build Capacity in Fire Response -- Option 4. Invest to Protect Values Exposed to Risk -- IV. Risk Analyses at Smaller Spatial Scales -- Example Project Scale Prototype -- V. Historic Range of Variability for Wildfire Risk -- Sustainability -- Conclusions -- Literature Cited.