Environmental Law

I. Introduction Hydropower and fish are strange bedfellows. For the Bonneville Power Administration (BPA), the Pacific Northwest's federal marketer of Columbia River hydroelectric power, they rest side by side. Once the cheapest power in the nation,...

I. Introduction To waste, to destroy, our natural resources, to skin and exhaust the land instead of using it so as to increase its usefulness, will result in undermining in the days of our children the very prosperity which we ought by right to hand...

The question that this Colloquium asks is, "Who runs the river?" If tribal people were asked that question 150 years ago, we would have had a much different answer than today because we knew how the river ran, why it ran, and where it ran to. Now, however,...

I want to address the Bonneville Power Administration (BPA) and the institutions that run the Columbia River, because those institutions will have more to say about what happens to the future of Columbia Basin salmon than anything else. This subject...

Last year, when we gathered to discuss who runs the river, we did so in the wake of two significant federal court decisions, and the speakers addressed those decisions in some detail.(1) The first decision was Idaho Department of Fish & Game v. National...

I. Introduction Nearly forty years ago, Professor Kenneth C. Davis declared: "Some agencies might well take a leaf from the federal rules of civil procedure and permit summary judgment without evidence when no issue of fact is presented."(1) Several...

I. Introduction To say that the 1990s are a time of change for environmental policy in the United States is an understatement. After two decades of nearly steady growth in terms of legal authority, political support, and financial and technical capabilities,...