Environmental Law

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

Articles from Vol. 42, No. 4, Fall

A Critical Discussion of Critical Habitat Designations: Is Compliance with the National Environmental Policy Act Required?
I. INTRODUCTION II. BACKGROUND A. The National Environmental Policy Act of 1969 1. Overview of NEPA 2. The Council on Environmental Quality's Implementing Regulations 3. Clarifying the Boundaries of NEPA: Judicially...
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CERCLA, Institutional Controls, and the Legacy of Urban Industrial Use
I. INTRODUCTION A. City, Suburb, City B. The Legacy of Prior Uses II. CLEAN-UP TOOLS A. The Passage of CERCLA B. Amendments to CERCLA and limits on liability C. Review of Remedies Selected Under CERCLA D. State Remediation Programs III....
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Dam Removal in the Pacific Northwest: Lessons for the Nation
I. INTRODUCTION II. THE ELWHA RIVER: REMOVAL OF THE ELWHA AND GLINES CANYON DAMS A. Damming the Elwha River. 1. Construction of the Elwha and Glines Canyon Dams 2. The Decline of the Elwha River Ecosystem B. FERC Relicensing, Political...
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Environmental Contamination as Continuing Trespass
I. INTRODUCTION II. BLACK LETTER CONTINUING TRESPASS: DOCTRINE AND THE RESTATEMENT III. COMPETING JURISPRUDENTIAL APPROACHES A. The Injury-Based Approach: The Colorado Supreme Court Looks to Abatability and Public PoKey B. The Conduct-Based...
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Equity and the Colorado River Compact
V. REALIZING EQUITY In our view, the Colorado River Compact's commitment to "equitable division and apportionment of the use of the waters of the Colorado River System" (185) constitutes a venerable precedent that should guide Colorado River governance...
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Fiddling as the World Floods and Burns: How Climate Change Urgently Requires a Paradigm Shift in the Permitting of Renewable Energy Projects
IV. CONCRETE STEPS TO MODERNIZE ENVIRONMENTAL REVIEW OF PROPOSED OFFSHORE WIND PROJECTS The forty-four page 2011 White House Blueprint for a Secure Energy Future omits a critical component: the blueprint does not tackle the issue of streamlining...
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Legal Disputes Related to Climate Change Will Continue for a Century
I. INTRODUCTION TO THE PROBLEM I am confident that my current students will be working on legal issues related to climate change until they retire fifty years from now. The average global temperature is already certain to increase by 2[degrees]F....
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Practical Impacts of the Sackett Decision
I. INTRODUCTION AND SHORT SUMMARY The Supreme Court's recent decision in Sackett v. Environmental Protection Agency, (1) is already generating significant speculation. Other writers have begun discussing the decision's theoretical and scholarly...
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Sackett: The Road Forward
I. INTRODUCTION On March 21 of this year, the Supreme Court unanimously held in Sackett v. U.S. Environmental Protection Agency (1) that the recipients of a compliance order issued under section 309(a) of the Clean Water Act (CWA) (2) were entitled...
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Sackett V. EPA and Judicial Interpretations of Environmental Statutes: What Role for NEPA?
I. INTRODUCTION The U.S. Supreme Court's long-awaited decision in Sackett u. U.S. Environmental Protection Agency, (1) summarized earlier in this collection of Essays, creates at least as many uncertainties as it resolves unsettled issues of law....
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Wading out of the Tilla-Muck: Reducing Timber Harvests in the Tillamook and Clatsop State Forests, and Protecting Rural Timber Economies through Ecosystem Service Programs
I. INTRODUCTION II. THE ORS 530 LANDS OF THE TILLAMOOK AND CLATSOP STATE FORESTS AND CONFLICT REGARDING THEIR MANAGEMENT A. The Origins of the ORS 530 Lands and the Counties' Economic Dependence on Them B. Increasing Management...
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