Environmental Law

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

Articles from Vol. 39, No. 3, Summer

2008 Ninth Circuit Environmental Review
SUZANNE BOSTROM Northwest Environmental Advocates v. US. Environmental Protection Agency, 537 F.3d 1006 (9th Cir. 2008) Fairbanks North Star Borough v. U.S. Army Corps of Engineers, 543 F.3d 586 (9th Cir. 2008) El Comite Para el Bienestar...
At Home with Nature: Early Reflections on Green Building Laws and the Transformation of the Built Environment
I. INTRODUCTION II. WHAT IS GREEN BUILDING? III. EXAMINING THE REVOLUTION OF GREEN IN BUILDING PRACTICES A. Challenges to Overcome 1. Information 2. Leadership 3. Liability Concerns 4. Building Costs,...
Case Summaries
I. ENVIRONMENTAL QUALITY A. Comprehensive Environmental Response, Compensation, and Liability Act (1.) Kotrous v. Goss-Jewett Company of Northern California, 523 F.3d 924 (9th Cir. 2008). Plaintiffs--James Kotrous and Adobe Lumber--brought...
Environmental Liabilities and the Federal Securities Laws: A Proposal for Improved Disclosure of Climate Change-Related Risks
I. INTRODUCTION II. ENVIRONMENTAL LIABILITIES AND DISCLOSURE A. An Overview B. Climate Change Risks and Liabilities 1. The Regulatory Risks of Climate Change 2. The Direct Physical Risks to Businesses 3. Litigation...
Halting the Hitchhikers: Challenges and Opportunities for Controlling Ballast Water Discharges and Aquatic Invasive Species
I. INTRODUCTION II. BALLAST WATER AS A CONDUIT FOR INVASIVE SPECIES TRANSFERS A. Dispersal of Invasive Species Through Ballast Water Discharges B. The Technology Gap III. THE INTERNATIONAL FRAMEWORK FOR ADDRESSING BALLAST WATER DISCHARGES ...
Ninth Circuit Review Editor's Note
With great enthusiasm, I present the 2008 Ninth Circuit Environmental Review. This review first includes summaries of twenty-four Ninth Circuit Court of Appeals decisions, issued between March 2008 and March 2009, on environmental and natural resource...
Swamp Swaps: The "Second Nature" of Wetlands
I. INTRODUCTION AND SUMMARY II. WETLAND MITIGATION BANKING A. The 2008 Regulations B. Qualifying as a Bank III. WATER QUALITY TRADING IV. SPECIES CONSERVATION BANKS V. GREENHOUSE GAS TRADING A. Carbon Markets B. Wetlands...
The Friends of Yosemite Valley Saga: The Challenge of Addressing the Merced River's User Capacities
I. INTRODUCTION II. ADDRESSING CARRYING CAPACITY IN YOSEMITE VALLEY UNDER PARK SERVICE LEGISLATION A. Increasing Carrying Capacity Under the Organic Act of 1916 B. Carrying Capacity and Yosemite's 1980 General Management Plan III. THE...