Due Process Challenges in Environmental and Natural Resources Law

This Handbook is a response to the rapid growth of environmental and natural resources law over the past few decades in India. The discipline is now a distinct field of research and teaching. A Handbook focused on India is required because the country has been at the forefront of jurisprudential developments among countries with similar environmental, geographical, socio-economic, and cultural conditions. Concurrently, India has been receptive to ideas and principles coming from other parts of the world or from international law. The growth of environmental and natural resources law in India is sustained in part by growing environmental awareness and in part by the increasingly dire nature of the problems relating to the environment and natural resources, from local issues to the global climate crisis. At the same time, the continuous push for development has not abated, leading to recurrent pressure to weaken existing standards for environmental protection and the use and management of natural resources. This Handbook brings together the multiple strands that make up the diverse and complex area of environmental and natural resources law. It departs from the existing approach that treats the fields of natural resources law and environmental law separately and offers the much-needed integrated analysis of both with all its complexities.

What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory of Australia in relation to natural resources law. The discussion unearths the developing jurisprudence in Australian natural resources law that seems to increasingly favour environmental protection over human development.

Low-carbon economy has become an important trend of global development. As a developing country, China's legal system of low-carbon economy is not perfect, and there is a big gap compared with developed countries. Based on the fact that China's low-carbon environmental resources law system is still in the initial stage of formation, the improvement of the system structure will be an extremely complicated and huge project. In a short time, the concept of low-carbon should be covered in all aspects of the legal system, organically integrated at all levels, and meet the scientific, logical and systematic requirements. The author thinks that the low-carbon environmental resources law system consists of three parts, one is the comprehensive adjustment law of environment and natural resources, the other is the natural resources law, and the third is the environmental protection law, and puts forward corresponding legislative suggestions.

THE first part of this article discussed the<i>Horowitz</i>case and the procedural due process a school must follow before it can dismiss a student for academic reasons. Different from "procedural" due process is "substantive" due process, which is generally defined as the right to a decision that is not arbitrary or capricious. While the plurality opinion in<i>Board of Curators of the University of Missouri v Horowitz</i>, 98 SCt 948 (1978), only briefly and ambiguously referred to substantive due process, 98 SCt at 956, lower courts before and after<i>Horowitz</i>have held that under the US Constitution public institutions may not dismiss students for reasons that are arbitrary or capricious.<i>See generally Ewing v Board of Regents of the University of Michigan</i>, 559 FSupp 791, 797-798 (1983). The reluctance of courts to become involved is especially strong here, however, as academic expertise and discretion will be involved. In practice,

We live in a world where we are subject to environmental and economic effects that transcend national boundaries. Increasing globalization has led to a greater recognition of the need to address many of these issues through a global or a regional approach. Hence, International Environment Laws and their implementation are necessary to establish a consensus among the states and to realize the goal of sustainability. The broad category of "environmental law" may be broken down into a number of more specific regulatory subjects. While there is no single agreed-upon taxonomy, the core environmental law regimes address environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category, but are nonetheless important components of environmental law. Various international bodies organize conferences that assist decision makers with information, legal analysis, advisory services, legislative drafting, mentoring and capacity building at national, regional and global levels. They also provides the opportunity and the forum for governments, non-government organizations and others to network and to share information and discuss ideas.

Background. The article reviews the speeches of the participants of the All-Ukrainian scientific and practical conference, dedicated to the 100th anniversary of the birthday of Doctor of Law, Professor Vasyl Luk'yanovych Muntyan, on the topic "Legal problems of rational nature use, nature protection and a safe environment in Ukraine." The event was organized and held jointly by the Department of Land and Agrarian Law and the Department of Environmental Law of the Educational and Scientific Law School of Taras Shevchenko National University of Kyiv, October 21, 2022. The purpose of the article is analysis of scientific heritage of Professor Vasyl Luk'yanovych Muntyan, to highlight scientific-theoretical and legal approaches to the further development of environmental, land and agrarian legal research in the context of national environmental as well as land and agrarian policy, taking into account the proposals made by the participants of the conference from the standpoint of current legislation as far as the participation of our state in international and European integration processes is considered. Methods. The methodological basis of the research was the general scientific dialectical method of learning social phenomena in their interrelationship and development, as well as scientific methods of analysis and synthesis, interpretation of legal norms, formal and legal, historical, comparative and legal, prognostic methods etc. Results. The participants of the conference paid attention to the current problems of the development of agrarian, land and environmental law in the context of overcoming the consequences of large-scale russian aggression on the territory of Ukraine and the transition to peaceful development in the future. Proposals were given for improvement of environmental, land, agrarian and natural resources legislation and law enforcement practice, as well as for the development of environmental, land and agrarian legal science in Ukraine through the prism of generational inheritance and scientific heritage of Prof. V. L. Muntyan. In the scientist's research, the concept of rational nature management is embedded as a fundamental principle of environmental law, science and state management. The idea of legal provision of rational nature use meets modern requirements for reforming ecological and legal reality, harmonizing relations between man and nature on the basis of sustainable development and economical use of natural resources, development of Ukraine as a European, legal, social and ecological state, implementation of the constitutional principles of the Ukrainian people's property on land. More than 60 years ago, Prof. V. L. Muntyan actualized the need to solve the problems of wind and water erosion of soils, the negative impact of deforestation on the condition of agricultural lands and careless management; he pointed out the need to adopt the Law on Soil Protection. Conclusions. The need to eliminate fragmentation in further studies of problems of the methodology of development of environmental, land and agrarian law in order to form a system of guarantees of the effectiveness of the law, to determine ways of improving the legislation in the sources of national environmental, land and agrarian policy has been determined. The study and generalization of law enforcement practice will make it possible to evaluate the positive and negative results of the introduction of the principles of sustainable development, the elimination of corruption in the process of land reform, reforms in mining, forestry, water, agriculture, industry and other sectors of economy, ensuring environmental safety, observing and protecting rights human, prevention of negative climate changes. During the martial law and in the reconstruction period – after overcoming the Russian military aggression against our country – the entire legal system should be aimed at building Ukraine as a European, legal, social and ecological state.

The article highlights the actual problem of the peculiarities of the ecological and legal mechanism in the agrarian sphere in the light of the norms of the Basic Law. For the agricultural sector, land and other natural resources are the basis of activities for the production of crop and livestock products. The study of the topic of the article is aimed at demonstrating not only the environmental provisions of the Constitution of the RF aimed at ensuring protection and rational use of natural resources, but also the direct connection of constitutional norms with the opportunities and needs for the development of "green" agriculture. The study is carried out on the basis of the methodology of systematic analysis of the norms of the Constitution of the RF, ecological and natural resource law in the context of specific solutions of rational nature management and environmental protection in the agrarian sphere. In the context of the norm of Article 9 of the Constitution of the RF on the protection and use of land and other natural resources as the basis for the implementation of agricultural activities, the legal and methodological significance of the norm of Art. 42, according to which everyone has the right to a favorable environment, has been investigated, the author proceeds from the fact that maintaining a favorable state of the environment is the goal and main task of all ecological and natural resource legislation and law. At the same time, methodological emphasis is placed on the essential fact that it is the favorable state of the land, waters, atmospheric air that is the natural basis for conducting environmentally healthy agricultural activities. In the combination of the simultaneous operation of the norms of Articles 9 and 18, public authorities create and implement an ecological and legal mechanism. Taking into account the factor of environmental needs in the process of conducting agricultural activities in the formation and operation of the ecological and legal mechanism is an essential element of novelty. Independent conclusions of the author: environmentally friendly food products can be produced only in a favorable environment; Since land and other natural resources are the main conduct of "green" agriculture, an ecological and legal mechanism aimed at ensuring a favorable state of nature and taking into account the environmental needs of the agrarian sphere is created both within the framework of ecological and natural resource law.

This chapter examines the constitutional duty of mental health professionals to treat clients and coworkers with due process and equal protection. It explains how the Fifth and Fourteenth Amendments protect individuals’ rights to life, liberty, and property. It also outlines how these protections apply when public or government-contracted professionals engage in state action. The chapter explores both procedural due process, which ensures fairness through notice and hearing, and substantive due process, which safeguards fundamental rights from unwarranted government intrusion. It discusses how privatization complicates accountability and limits constitutional claims, emphasizing the importance of understanding when private providers may be considered state actors. Finally, the chapter urges all mental health professionals, regardless of employment setting, to apply constitutional principles in practice decisions to uphold legal and ethical responsibilities.

Deontological Originalism: Moral Truth, Liberty, and, Constitutional 'Due Process'

The incorporation of the Bill of Rights against the states through the Fourteenth Amendment belongs among the most complex topics of American constitutional law. The first question to ask is obviously “Was the Bill of Rights incorporated against the states with the ratification of the Fourteenth Amendment?” Even if we answer this essential and difficult question in the affirmative, we face another one, no less important, which is: Through which of the clauses of section one of the Fourteenth Amendment was incorporation implemented? Among the proponents of the incorporation theory we find two groups: one that advocates incorporation through the privileges or immunities clause and another one that supports incorporation through the due process clause or the so called doctrine of substantive due process. Substantive due process is one of the phenomenons of American constitutional law that influenced legal evolution in the United States in a fundamental way, mainly during the 20th century when the concept of substantive due process experienced a steep rise that manifested itself not only in the area of protection of rights and freedoms not explicitly mentioned in the Constitution, but also those clearly mentioned in the amendments that constitute the Bill of Rights. It was the very substantive due process doctrine which was used by the federal Supreme Court as basis for gradual incorporation of the individual guarantees contained in the Bill of Rights to state and local level. It is, however, necessary to ask whether the Supreme Court, while trying to reach this goal, did not embrace a doctrine which lacks basis in the text of the Constitution and the traditions of the common law, thus being only an artificial creation of the Supreme Court itself as to this day, many suggest. This paper deals with the origins, historical meaning and evolution of the concept of due process and tries to show whether the substantive due process doctrine has a real legal foundation and can therefore serve as means for incorporation of the Bill of Rights.

The article examines the role of public participation rights in the Finnish forest planning system and considers the need for improvement, with a particular focus on private forests. Public participation is approached here as one of the tools for achieving social and ecological sustainability in forestry. The paper shows that public participation rights are very limited in the forest planning and management schemes in Finland. Among other things, access to environmental information is restricted, which is exceptional in modern environmental and natural resource law. The article concludes that there is a need to strengthen the participatory elements in forest planning if the aim is to improve environmental and social sustainability in forestry.

The purpose of the article is to research the legal issues of forest protection in the Russian Federation in the context of global climate change taking into account international obligations under the Paris Agreement 2015 and the Glasgow Leaders’ Declaration on Forests and Land Use 2021. The sources of the research are legislative and other regulatory legal acts in the field of forestry relations, environmental and natural resource law, etc.The research methodology is based on scientific methods such as dialectical, logical, predictive, systems analysis, content analysis, as well as private scientific methods, such as statistical, technical and legal, comparative legal.

<span style="font-size: 12pt; font-family: &quot;Times New Roman&quot;; mso-bidi-font-size: 10.0pt; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;">American legal academics began to cite Elinor Ostrom's <em>Governing the Commons </em>(GC) shortly after its 1990 publication, with citations peaking in the mid-2000s and with signs of a new peak in 2010 in the wake of Ostrom's Nobel Prize in Economics. The legal scholars most interested in GC have worked in three areas: general property theory, environmental and natural resource law, and since the mid-1990s, intellectual property. In all those areas legal scholars have found GC and its many examples a strong source of support for the proposition that people can cooperate to overcome common pool resource issues, managing resources through informal norms rather than either individual property or coercive government. Legal academics have also been at least mildly critical of GC, however. A number have tried to balance the attractive features of GC's governance model - stability and sustainability - with more standard legal models favoring toward open markets, fluid change and egalitarianism.</span>

Environmental and Natural Resources Law

Preserving Dignity in Due Process