Droughts, Floods, and Wildfires: Paleo Perspectives on Disaster Law in the Anthropocene

Humanity’s impact on the earth has become so pronounced that momentum is building toward adopting a new term for the modern geological age — the “Anthropocene.” The term signifies that human activity has reached a scale that it is now a planetary force capable of shaping ecosystems and natural processes. And yet, anthropocentric natural resources management and environmental lawmaking in the United States reveals a lack of control in managing natural systems and fostering resilience to extreme events. These systems do not easily conform to the whims of reactionary environmental policies. Droughts, floods, and wildfires, in particular, are often conceptualized as unforeseeable disasters when in fact their occurrence is a typical feature of the American landscape. The manner in which environmental laws have evolved to respond to these natural systems reveals a strong belief that nature can be adapted to modern human activities, instead of adapting human activities to nature. Legal frameworks are consequently reactive in disposition when control proves impossible, relying on subsidized insurance programs and disaster relief funds that do little to build resilience. This article examines contemporary legal doctrines and policies governing management of droughts, floods, and wildfires from a paleoenvironmental and paleoanthropological perspective. Hundreds of thousands of years of hunter-gatherer resilience strategies provide a conceptual model through which modern approaches and reforms can be assessed. The resilience model suggests that drought, flood, and wildfire laws can more adequately enhance societal resilience by prioritizing mobility, diversification, and awareness of changes in the surrounding environment

Florida Water Management Districts and the Florida Water Resources Act: The Challenges of Basin-Level Management

Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision-makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological (not political) boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. But with the stakes so high, Florida’s water management districts are at the center of a broader fight for control of water resources. In particular, transboundary water conflicts, political pressure, and ecological needs show that while the water management districts are institutionally mature, external forces can exert significant influence on basin-level water management

Water Governance in Haiti: An Assessment of Laws and Institutional Capacities

The Republic of Haiti struggles to sustainably manage its water resources. Public health is compromised by low levels of water supply, sanitation, and hygiene, and water resources are often contaminated and unsustainably allocated. While poor governance is often blamed for these shortcomings, the laws and institutions regulating water resources in Haiti are poorly understood, especially by the international community. This study brings together and analyzes Haitian water laws, assesses institutional capacities, and provides a case study of water management in northern Haiti in order to provide a more complete picture of the sector. Funded by the Inter-American Development Bank as part of the Water Availability, Quality and Integrated Water Resources Management in Northern Haiti (HA-T1179) Project, this study took place from January-July 2015, with the help of local experts and participating stakeholders. The results indicate that Haiti’s water law framework is highly fragmented, with overlapping mandates and little coordination between ministries at the national level, and ambiguous but unrealistic roles for subnational governments. A capacity assessment of institutions in northern Haiti illustrates that while local stakeholders are engaged, human and financial resources are insufficient to carry out statutory responsibilities. The findings suggest that water resources management planning should engage local governments and community fixtures while supplementing capacities with national or international support

Weed and Water Law: Regulating Legal Marijuana

Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington DC. Between now and election day 2016, an additional 14 states may place marijuana legalization initiatives on their ballots. In addition, 23 states and Washington DC have legalized medical marijuana, with up to seven states pending legislation. The era of marijuana prohibition is rapidly coming to a close. At the same time, traditional doctrines of water law are struggling to cope with the modern realities of water scarcity. Administrative agencies lack capacities to monitor and enforce water rights in real-time amid rapidly changing conditions. As marijuana cultivation leaves the black market and enters state regulatory frameworks, legal doctrines and administrative agencies will need to adapt in order to balance existing water rights with the demands of marijuana production. Failure to do so will encourage producers to remain clandestine while perpetuating existing conflicts between legal and illegal water users. At present there is a gap in understanding the relationship between water rights and marijuana legalization, despite their rapid convergence. This Article is the first to systematically address that gap. The study begins by describing status quomarijuana production taking place outside the context of state water law doctrines, and the unsustainable conditions that often result. Sections III and IV envision a legal marijuana market governed by the predominant doctrines of US water law: prior appropriation and riparianism. In Section V the theoretical becomes reality, as California’s complex water laws are put to the test by the largest marijuana cultivation community in the United States. Section VI concludes with recommendations for states in the process of legalization. Broadly speaking, this Article finds that both common law and regulatory approaches to water allocation are capable of accommodating legal marijuana cultivation, but to minimize disruptions to existing water rights and the marijuana industry, state agencies will need to proactively adapt to the new realities of the legal marijuana economy

Benefits and Limitations of Inclusion and Providing Practical Applications for Managing a Successful Inclusive Classroom/ Creating an Effective Teaching Environment for a Classroom with Diverse Needs

Benefits and Limitations of Inclusion and Providing Practical Applications for Managing a Successful Inclusive Classroom There are educators who want to provide the best learning experience for every student, including being able to demonstrate growth and success in their classroom environment. The intent of inclusion is to provide all students with a disability their right to free and public education. Over the past 40 years since P.L. 94-142 passed, research has shown the benefits of inclusion in general education classrooms. Educators have been trained, acquired skills, obtained resources, and asked for help from colleagues and/or administrators about providing a successful learning environment for all students. There continues and may always be a struggle when implementing the objectives of inclusion. Thus, the purpose of my research project is to understand the purpose, the benefits and limitations of inclusion, and the strategies a general education teacher can apply in managing a successful classroom environment. Creating an Effective Teaching Environment for a Classroom with Diverse Needs The social, emotional and physical aspects of a classroom can shape the processes and activities of a classroom. To assist in the transformation to a responsive classroom, the teacher’s mindset may have to be altered. According to Sobel and Taylor (2006), “It is not at all uncommon for general and special education teachers to face the challenge of teaching in ways they were not taught, to learners who are oftentimes unfamiliar to them, and in classroom contexts that are outside their experiential realm” (p. 28). Sobel and Taylor continued explaining not all educators are ready to teach all the diverse learners. Many teachers are being challenged in their own classroom. Thus, the purpose of my research project is to understand how general education teachers can build a classroom environment that will provide an engaging environment whereby increasing social and emotional skills and academic learning, while reducing negative behaviors that decrease student attention and diminish available instructional time. Teachers need to be provided with appropriate training that will support their planning for and development of positive learning environments

Marijuana Agriculture Law: Regulation At The Root Of An Industry

Marijuana legalization is sweeping the nation. Recreational marijuana use is legal in eight states. Medical marijuana use is legal in thirteen states. Only three states maintain an absolute criminal prohibition on marijuana use. Many of these legalization initiatives propose to regulate marijuana in a manner similar to alcohol, and many titles are variations of the “Regulate Marijuana Like Alcohol Act.” For political and public health reasons the analogy makes sense, but it also reveals a regulatory blind spot. States may be using alcohol as a model for regulating the distribution, retail, and consumption of marijuana, but marijuana is much more than a retail product. It is also an agricultural product, and by some measures, the largest cash crop in the United States. Since marijuana prohibition laws were passed long before any cultivation regulations, states now face an unprecedented challenge: to regulate, for the first time ever, one of the country’s largest agricultural industries. Major regulatory challenges lie ahead, and how states respond to those challenges will shape the course of the marijuana industry. At present, there is a lack of understanding of the regulatory challenges marijuana agriculture presents and the options states have to address them. This Article identifies those challenges and the regulatory approaches most capable of addressing them. The study begins by describing the existing state of marijuana agriculture regulations. States are likely to find that the marijuana industry’s unique characteristics justify a tailored regulatory approach; relying on existing agricultural policies may be ineffectual or lead to perverse outcomes. Next, the study explores fundamental questions about the “marijuana fragmentation spectrum.” Will the industry come to be dominated by agricultural conglomerates mass-producing a marijuana commodity, as many have feared? Or will governments and the industry adopt the appellation model favored by the wine industry to protect local farmers and differentiate between products? The study also analyzes the major environmental impacts of marijuana agriculture, including regulations that address water allocation, water quality, energy, organic certification, and crop insurance. Finally, the study addresses power distribution trade-offs within marijuana agriculture regulation frameworks, including local vs. state, and consolidated vs. fragmented, regulatory authority dilemmas. The findings suggest that responsible and sustainable marijuana agriculture can be fostered at the state level, but only if regulations are responsive to the unique and unprecedented challenges that marijuana agriculture present

Weed and Water Law: Regulating Legal Marijuana

Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington, D.C. Between now and election day 2016, an additional fourteen states might place marijuana legalization initiatives on their ballots. In addition, twenty-three states and Washington, D.C. have legalized medical marijuana, with up to seven more states pending legislation. The era of marijuana prohibition is rapidly coming to a close. At the same time, traditional doctrines of water law are struggling to cope with the modern realities of water scarcity. Administrative agencies lack capacities to monitor and enforce water rights in real time amid rapidly changing conditions. As marijuana cultivation leaves the black market and enters state regulatory frameworks, legal doctrines and administrative agencies will need to adapt in order to balance existing water rights with the demands of marijuana production. Failure to do so will encourage farmers to remain clandestine while perpetuating existing conflicts between legal and illegal water users. At present there is a gap in understanding the relationship between water rights and marijuana legalization, despite their rapid convergence. This Article is the first to systematically address that gap. Parts I and II begin by describing status quo marijuana cultivation taking place outside the context of state water law doctrines, and the unsustainable conditions that often result. Parts III and IV envision a legal marijuana market governed by the predominant doctrines of U.S. water law: prior appropriation and riparianism. In Part V the theoretical becomes reality, as California’s complex water laws are put to the test by the largest marijuana cultivation community in the United States. Part VI concludes with recommendations for states in the process of legalization. Broadly speaking, this Article finds that both common law and regulatory approaches to water allocation are capable of accommodating legal marijuana cultivation, but to minimize disruptions to existing water rights and the marijuana industry, state agencies will need to proactively adapt to the new realities of the legal marijuana economy

Tribal Cannabis Agriculture Law

Indian tribes have some freedom to develop their own approach to cannabis agriculture, but what is the nature of that freedom, and how have tribes acted upon it? This Article investigates the current legal framework surrounding tribal cannabis agriculture and tribal participation in legal cannabis markets. It is generally believed that tribes have some authority to determine the legality of cannabis cultivation on their lands, and to create rules and regulations governing that practice. However, this freedom is nascent and inconsistently granted by the federal government. In addition, the legal frameworks tribes are developing with respect to cannabis agriculture are still evolving and poorly understood, since each tribe is free to craft their own unique approach to the cannabis industry. This Article examines the current tribal cannabis agriculture landscape in several ways. First, a big-picture snapshot of the U.S. cannabis industry in 2023 is provided in order to place tribal cannabis policies in an appropriate context. Second, the Article attempts to discern the federal government’s opaque perspective on tribal cannabis law, including the contours of tribal freedom to self-regulate in this area. Third, the Article identifies trends and approaches to tribal cannabis agriculture that have emerged to date, with examples of cannabis policies from tribes around the country. Finally, a case study of the Hoopa Valley Tribe is presented in order to bring to life the legal complexities of this topic