Environmental Law

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

Articles from Vol. 35, No. 3, Summer

2004 Ninth Circuit Environmental Review
SHEMS BAKER-JUD Air Conditioning and Refrigeration Institute v. Energy Resources Conservation and Development Commission, 397 F.3d 755 (9th Cir. 2005) Gifford Pinchot Task Force v. United States Fish & Wildlife Service, 378 F.3d 1059 (9th...
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Case Summaries
I. ENVIRONMENTAL QUALITY A. Clean Air Act 1. Bayview Hunters Point Community Advocates v. Metropolitan Transportation Commission, 366 F.3d 692 (9th Cir. 2004). The Metropolitan Transportation Commission (MTC), which plans, coordinates, and...
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Clear the Air
Gonzalez v. Raich, the "Comprehensive Scheme" Principle, and the Constitutionality of the Endangered Species Act, by Michael C. Blumm * & George A. Kimbrell ** Dear Editors of Environmental Law, Our 2004 article, Flies, Spiders, Toads, Wolves,...
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Judicial Regrets and the Case of the Cushman Dam
I. INTRODUCTION II. TOWESSNUTE II: SKOKOMISH INDIAN TRIBE V. UNITED STATES A. The Treaty as Something Given B. Misstatement of Treaty Purposes C. The Legal Mis-Treatment of Continuing Nuisances D. Being Judicious E. The Strategy...
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Review Editor's Note
I am pleased to present the 2004 Ninth Circuit Environmental Review. This Review begins with summaries of the significant environmental and natural resource decisions of the Ninth Circuit Court of Appeals between March 2004 and March 2005. These summaries...
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Save Our Sonoran, Inc. V. Flowers: Navigable Waters and Small Handles in the Dry, Dry Desert
I. INTRODUCTION II. SAVE OUR SONORAN, INC. V. FLOWERS. THE FACTUAL BACKGROUND A. The Lone Mountain Property B. Save Our Sonoran I: The District Court Decision C. Save Our Sonoran II: The Ninth Circuit Decision III. NATIONAL ENVIRONMENTAL...
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The Ninth Circuit's Differential Approach to Alternatives Analysis in NEPA Cases: Westlands Water District V. United States Department of Interior
I. INTRODUCTION II. THE NINTH CIRCUIT'S APPROACH TO NEPA ALTERNATIVES ANALYSIS III. THE NINTH CIRCUIT'S LIMITED RANGE OF ALTERNATIVES FOR CONSERVATION ACTIONS A. The Trinity River Division and Background of Westlands Water District...
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The Promise and Limits of Negotiated Rulemaking: Evaluating the Negotiation of a Regional Air Quality Rule
I. INTRODUCTION II. THE REGULATORY BACKGROUND OF THE NEGOTIATION A. Emissions from Electroplating and Anodizing B. Regulation of Toxic Air Emissions 1. California Regulation 2. South Coast District Regulation 3. Federal...
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Using Plenary Power as a Sword: Tribal Civil Regulatory Jurisdiction under the Clean Water Act after United States V. Lara
I. INTRODUCTION II. OVERVIEW OF THE CLEAN WATER ACT AND THE PRE-LARA TREATMENT AS A STATE PROCESS A. The Clean Water Act B. EPA's Interpretation of section 518(e) and Its Implications for Indian Tribes 1. EPA Has Interpreted...
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