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Environmental Law
A journal investigating issues of environment law and policy on a local, national and international level.
Articles from Vol. 25, No. 4, Fall
A Case History of EPA Overkill
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1. Introduction In July 1993, Environmental Protection Agency (EPA) Chief Carol Browner announced that EPA, through the Department of Justice (DOJ), had filed twenty-four civil lawsuits throughout the United States, demanding millions of dollars in...
Addressing Barriers to Watershed Protection
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I. Introduction A. Searching for Scheherezade B. The Resurgence in the Watershed Approach C. Where Do We Go From Here? II. Imperatives for Watershed-Based Restoration and Protection A. Ecological Imperatives for Watershed Programs 1. The Nature...
Challenges to Environmental Law
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It is altogether fitting to be extolling the distinguished record of the Northwestern School of Law of Lewis & Clark College in the development and application of law related to natural resources and the environment. I am familiar with the field...
Environmental Law and Millennial Politics
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A few weeks ago, former Secretary of Defense Robert McNamara published a mostly autobiographical book about the War in Vietnam.(1) It ignited a firestorm. The book elicited editorial condemnations of the author's arrogance from some, and op-ed paeans...
Section 7(a)(1) of the "New" Endangered Species Act: Rediscovering and Redefining the Untapped Power of Federal Agencies' Duty to Conserve Species
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I. INTRODUCTION On September 27, 1994, twelve federal agencies joined with the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) in a Memorandum of Understanding (MOU) to confirm the agencies' "common goal...
The Dilemma of Mental State in Federal Regulatory Crimes: The Environmental Example
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I. Introduction Federal courts have encountered difficulties in interpreting the mental state requirements of many environmental and other regulatory crime statutes.(2) Although the statutes often make it clear that the prosecutor must prove some "knowledge"...
Wheelchair Accessibility in Wilderness Areas: The Nexus between the ADA and the Wilderness Act
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The Americans with Disabilities Act of 1990 (ADA) extended the civil rights of access and integration to those with mobility impairments, including wheelchair users. The Wilderness Act of 1964 promised to preserve the wilderness for the American people's...
