Environmental Law

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

Articles from Vol. 41, No. 3, Summer

2010 Ninth Circuit Environmental Review
JEFFREY MATSON South Coast Air Quality Management District v. Federal Energy Regulatory Commission, 621 F.3d 1085 (9th Cir. 2010) Association of Irritated Residents v. U S. Environmental Protection Agency, 632 F.3d 584 (9th Cir. 2011) MacClarence...
Case Summaries
I. ENVIRONMENTAL QUALITY A. Federal Water Pollution Control Act 1. Akiak Native Community v. United States Environmental Protection Agency, 625 F.3d 1162 (9th Cir. 2010). Petitioner Akiak Native Community (Akiak) (1) sought review of the United...
Intervention by Non-Settling PRPs in CERCLA Actions
I. INTRODUCTION A. Rule 24(a)(2), CERCLA Section 1130), and the Interplay Between Them B. Elements Required for intervention 1. Timeliness 2. Significantly Protectable Interest 3. Impairment of interest Absent...
Taking the Bitter with the Sweet: Wenatchi Fishing Rights
I. INTRODUCTION II. LEGAL BACKGROUND A. Discovery, Tribes as "Domestic Dependent Nations, "and the Trust Doctrine B. Treaty Interpretation C. Reserved Fishing Rights 1. Importance of Salmon 2. Winans--Not a...
The Clean Development Mechanism and the Poverty Issue
I. INTRODUCTION II. THE CDM AND THE POVERTY ISSUE: A FAILURE? A. CDM and the Poorest Countries 1. The Unbalanced Distribution of the CDM Projects." Major Host Countries 2. The CDM Projects In the Least Developed Countries,...
Transitioning to a Sustainable Energy Economy: The Call for National Cooperative Watershed Planning
I. INTRODUCTION II. THE ENERGY-WATER NEXUS: HOW ENERGY AND WATER ARE LINKED A. Energy Supply and Fuel Production Are Water Dependent 1. Water Use in the Energy Generation Process a. Water Use by Cooling Process ...
Unnatural Foundations: Legal Education's Ecologically-Dismissive Subtexts
I. INTRODUCTION II. INCLUSIONARY ECOLOGICAL SCIENCE MEETS EXCLUSIONARY PROPERTY EDUCATION A. Balking Antiques: How Originalism Thwarts Ecological Holism B. Reified Property III. LEGAL EDUCATION: ELUSIVE ETHICS IN THE CRASS NEED GAME ...