Environmental Law

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

Articles from Vol. 29, No. 3, Fall

An Overview of Korean Environmental Law
I. INTRODUCTION The United States and Korea(1) have maintained a close relationship with each other for the last fifty years, since the United States participated in the Korean War to prevent communists from occupying the Korean peninsula. During...
Case Summaries
I. ENVIRONMENTAL QUALITY A. Hazardous Waste 1. A & W Smelter & Refiners, Inc. v. Clinton, 1246 F.3d 1107 (9th Cir. 1998). A & W Smelter (A & W) possessed an ore pile at its processing facility in the Mojave Desert. The ore...
Inadequate Analysis Leading to an Accurate Conclusion: The Ninth Circuit's Cursory Treatment of the Constitutionality of the Lacey Act in United States V. Senchenko
I. INTRODUCTION Nikolay Senchenko immigrated with his wife and nine children to the United States in 1989. He brought his family to this country in order to escape the Soviet persecution of Christians.(1) In 1994, however, Senchenko found himself...
Review Editor's Note
I am pleased to present the 1998 Ninth Circuit Environmental Review, which in one convenient location summarizes the significant cases in environmental, natural resources, and Native American law decided last year by the Ninth Circuit. In addition,...
Striking the Balance: The Tale of Eight Ninth Circuit Timber Sales Cases
I. INTRODUCTION In Neighbors of Cuddy Mountain v. United States Forest Service (Neighbors)(1) and Idaho Sporting Congress v. Thomas (Idaho Sporting Congress)(2) the Ninth Circuit Court of Appeals held that the United States Forest Service (USFS)...
To Clear the Muddy Waters: Tribal Regulatory Authority under Section 518 of the Clean Water Act
I. INTRODUCTION May 1998. It is spring and the children have come to the river; one thousand fourth-, fifth-, and sixth-grade reservation school students have thrown down their books to gather on the banks of the Flathead River in western Montana...
United States V. Washington: The Boldt Decision Reincarnated
I. INTRODUCTION In 1854 and 1855 Northwest Indian tribes faced a formidable decision. They could either resist the rising tide of white settlement at the risk of losing everything, or they could cooperate with the United States government and negotiate...
Water, Water, Everywhere, and at Last a Drop for Salmon? NRDC V. Houston Heralds New Prospects under Section 7 of the Endangered Species Act
There is a river in Macedon, and there is also moreover a river at Monmouth: it is called Wye at Monmouth; but it is of my prains what is the name of the other river; but 'tis all one, 'tis alike as my fingers is to my fingers, and there is salmons...