Environmental Law

A journal investigating issues of environment law and policy on a local, national and international level.

Articles from Vol. 28, No. 1, Spring

Are Humans Part of Ecosystems?
It is an honor for me to be here at Northwestern School of Law of Lewis & Clark College, at an institution and in a region responsible for so much progress in environmental law. I knew that I was in a different environment this morning when my...
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Beating Plowshares into Townhomes: The Loss of Farmland and Strategies for Slowing Its Conversion to Nonagricultural Uses
I. INTRODUCTION Despite efforts to preserve prime agricultural land for production, farmland continues to be converted at a rate of around 1.5 million acres per year in the United States.(1) Farming is a productive industry which generates revenue...
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Protecting Ecological Integrity within the Balancing Function of Property Law
The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men,...
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Restoring the Rio Grande: A Case Study in Environmental Federalism
I. INTRODUCTION Watershed management(1) has been endorsed by academics and policy makers as a preferable alternative to top down decision making. A recent article succinctly captured the tenets of this paradigm: Many commentators have agreed...
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Searching for the Definition of "Discharge": Section 401 of the Clean Water Act
I. INTRODUCTION On September 27, 1996, Judge Ancer Haggerty of the U.S. District Court for the District of Oregon handed down an opinion that has since caused controversy and debate among the environmentalists, ranchers, loggers, government agencies,...
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Separate but Equal: Double Jeopardy and Environmental Enforcement Actions
I. INTRODUCTION Criminal enforcement of environmental laws has skyrocketed in the past several years, and those involved in the field of environmental enforcement believe this trend will continue because criminal sanctions represent the "most...
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The 1872 Mining Law and the 20th Century Collide: A Rediscovery of Limits on Mining Rights in Wilderness Areas and National Forests
I. INTRODUCTION The 1872 Mining Law(1) restricts mining rights for claims located in wilderness areas and national forests. This restriction--the lack of so-called "extralateral" mineral rights--has always been in the text of the 1872 Mining...
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