Environmental Law

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

Articles from Vol. 25, No. 2, Spring

American Indian Reserved Water Rights: The Federal Obligation to Protect Tribal Water Resources and Tribal Autonomy
I. INTRODUCTION 426 II. ORIGIN OF TRIAL WATER RIGHTS: THE WINTERS RESERVED RIGHTS DOCTRINE, THE PIA STANDARD, AND THE ROOTS OF CONFLICT III. NORMATIVE ARGUMENTS For STRONG FEDERAL PROTECTION OF INDIAN RESERVED RIGHTS A. Historical Redress Based...
An Essay on Environmental Audit Privileges: The Right Problem, the Wrong Solution
Industrial representatives long have argued that the Environmental Protection Agency (EPA) should do more to encourage regulated entities to evaluate their own compliance status and correct their own violations. While both EPA and the Department of Justice...
Animal Habitats in Harm's Way
I. INTRODUCTION Timber harvest and ecosystem preservation are at the center of the dispute in Sweet Home Chapter of Communities for a Great Oregon v. Babbitt (Sweet Home III).(1) Environmentalists who seek protection and preservation of the northern...
An Insider's Perspective on Northwest Resource Information Center V. Northwest Power Planning Council
This is an insider's perspective. I was an insider on the Northwest Resource Information Center v. Northwest Power Planning Council (NRIC) case,(1) but I am not an insider on the workings of the Northwest Power Planning Council. I started working on...
Columbia Basin Salmon and the Courts: Reviving the Parity Promise
I. INTRODUCTION This is the first conference of the Northwest Water Law and Policy Project, a three-year project dedicated to the preservation and wise use of the Northwest's most precious resource--its water. Over the next three years, we intend to...
Environmental Racism Claims Brought under Title VI of the Civil Rights Act
"Longsimmering [sic] resentment in the minority and Native American communities about environmental fairness could soon be one of the most politically explosive environmental issues yet to emerge." --anonymous Bush administration official in confidential...
FIFRA Preemption of Common-Law Tort Claims after Cipollone
I. INTRODUCTION States have a fundamental right to protect their citizens. However, when a plaintiff alleges that a pesticide manufacturer failed to adequately warn of the dangers associated with its products, courts are increasingly concluding that...
Idaho's Strategy in Idaho Department of Fish & Game V. National Marine Fisheries Service
This conference brings together an extraordinary cast of combatants on salmon issues to answer the question: Who rans the River? I sense that despite our deep divisions about the science and about the law, we would all answer that question the same way:...
Legal Issues Shaping Salmon's Future
I want to begin by briefly explaining how I came to be here. From the moment I found an obscure publication called The Anadromous Fish Law Memo in my law school library, it seems my destiny was to end up here at Lewis & Clark with someone named Mike...
Oregon's Senate Bill 61: Balancing Protection and Privatization of Cultural Resources
I. Introduction II. Background A. Oregon's Cultural Resources Laws Prior to SB 61 1. Grave Protection 2. Archaeological Statutes B. Legislative Models 1. Archaeological Resources Protection Act of 1979 2. Revised Code of Washington 3. Native American...
Panel Discussion
Janet Neuman(1) -- I want to take about ninety seconds to tell you, in case you did not realize it, that four of the speakers all essentially agreed with each other. Here is what I think they said. Jim Buchal disagrees with the other parties' versions...
Problems of Punitive Damages for Political Protest and Civil Disobedience
"The rights protected by the First Amendment are of profound importance to our society. Free speech is a transcendent value in that other values and rights are subordinated. In effecting the primacy of the First Amendment [there is al preference for...
Should the Courts Run the River?
For the sake of time, I am just going to touch on some very brief points that I think have emerged out of this process. First, let me mention a little bit of history and give it a bit of a different context than you have heard so far. Second, I want...
Some Fallacies about Salmon Restoration
I was going to tell you about the law and these decisions until I listened to the other speakers this morning and I decided I was not really going to talk about the law at all. The reason is that the law is not very important to what is going on in these...
Steering by Dicta
I want to focus less on the details of this surprising Northwest Resource Information Center v. Northwest Power Planning Council (NRIC) opinion and instead talk about what its broad messages may be, and where they may take us.(1) I think everyone involved...
The Endangered Species Act, the Federal Columbia River Power System, and the National Marine Fisheries Service
I. INTRODUCTION "Who runs the River? The Columbia River ... and the Courts' is the question posed for this conference. The more fundamental question, however, is, "How is the river to be run?" Legal standards are at the center of the implementation...
The History and Legislative Background of the Northwest Power Act
It is depressing to talk about salmon restoration and the Northwest Power Act in 1994.1 So little progress has been made over a period of many years. The promise of salmon restoration that was a central tenet of the Act has never been realized. In 1980,...
The Implications of Salmon Recovery for the Bonneville Power Administration and the Region
I am the General Counsel of the Bonneville Power Administration (BPA), and I am here to talk about the opinions in Northwest Resource Information Center v. Northwest Power Planning Council (NRIC)(1) and Idaho Department of Fish & Game v. National...
The Sleeping Giant Awakens: PUD No. 1 of Jefferson County V. Washington Department of Ecology
I. INTRODUCTION The Dosewamps River is a sparkling gem in one of the crown jewels of our National Parks. It originates in the glacial peaks of the Olympic National Park, a World Heritage Site and International Biosphere Reserve. In an era when hydroelectric...