Environmental Law

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

Articles from Vol. 25, No. 3, Summer

1994 Ninth Circuit Environmental Review
A. Clean Air Act 1. McCarthy v. Thomas, 27 F. 3d 1363 (9th Cir. 1994). The plaintiffs requested injunctive relief ordering the cities of Tucson and Phoenix to expand their mass transit systems in accordance with the approved portions of Arizona's state...
Alaska Sport Fishing Association V. Exxon Corporation Highlights the Need to Take a Hard Look at the Doctrine of Parens Patriae When Applied in Natural Resource Damage Litigation
I. INTRODUCTION Under the doctrine of parens patriae, the government represents all of its citizens when it is a party in a suit involving a matter of sovereign interest. In this capacity, the government acts as a trustee of the public. Increasingly,...
Energy Policy from Nixon to Clinton: From Grand Provider to Market Facilitator
I. A Brief History of U.S. Energy Policy A. 1973 to 1980 While the federal role in energy policy has been significant for decades - the Teapot Dome scandal dates to 1922 and the Atomic Energy Act(1) passed in 1946-for most purposes the modem era in...
Fulfilling the Executive's Trust Responsibility toward the Native Nations on Environmental Issues: A Partial Critique of the Clinton Administration's Promises and Performances
I. Introduction In a fittingly symbolic display of nature on April 29, 1994, clouds darkened in the sky over the south lawn of the White House as a tribal leader waved eagle feathers toward the four comers of the earth against a background of beating...
Mootness and Citizen Suit Civil Penalty Claims under the Clean Water Act: A Post-Lujan Reassessment
I. Introduction Over the past twenty-one years, the citizen suit provision of the Federal Water Pollution Control Act (the Clean Water Act)(1) has become a powerful means by which citizen groups can prosecute parties who illegally pollute the nation's...
Natural Resources Policy in the Clinton Administration: A Mid-Course Evaluation from Inside
I will try not to give a campaign speech, but I must warn you in advance that I may not be successful in cleansing my remarks of all partisanship. I will try to step back a little from the day-to-day stuff of government and suggest some of the themes...
Reflections on the Endangered Species Act
I. Reflections on the Presume: Habitat Protection A. Habitat Protection and the Phenomenon of Species Extinction The diversity of life on earth is nearly beyond human imagination. The baseline number of living organisms is unknown, even to the nearest...
Running on Empty: The Case for a Sustainable National Transportation System
I. Introduction:A New Era in Transportation Policy With the election of the 104th Congress, our nation's federal government began a potentially historic transition. What is emerging from new concepts being considered and adopted in the executive and...
The Legal Status of Land and Resource Management Plans for the National Forests: Paying the Price for Statutory Ambiguity
I. Introduction The National Forest Management Act (NFMA)(1) directs the United States Forest Service Forest Service) to prepare land and resource management plans (LRMPs) to guide the maintenance and use of resources within the national forests.(2)...
'Til the Cows Come Home: The Fatal Flaw in the Clinton Administration's Public Lands Grazing Policy
Livestock grazing is the most extensive commercial use of public lands in the United States. The two largest categories of public lands are the national forests, managed by the United States Forest Service, and the public lands managed by the Bureau...
Toxic Apportionment: A Causation and Risk Contribution Model
I. Introduction and Summary A. The Basic Idea In a typical toxic tort case,(1) the plaintiff or the plaintiffs property suffers some harm as a result of exposure to one or more sources of a toxic substance.(2) For example, if the plaintiff has been...
Transportation Planning and the Clean Air Act
I. Introduction Of all life's necessities, air is the one that people partake of most directly. Water can be filtered and food can be cleaned or grown organically, but we breath everything that we emit into the atmosphere.(1) Of all the sources of air...