Environmental Law

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

Articles from Vol. 37, No. 3, Summer

2006 Ninth Circuit Environmental Review
BROOK M. BRISSON California Sportsfishing Protection Alliance v. Federal Energy Regulatory Commission, 472 F.3d 593 (9th Cir. 2006) Forest Guardians v. Johanns, 450 F.3d 455 (9th Cir. 2006) Kern CountyFarm Bureau v. Allen, 450 F.3d 1072 (9th...
Defenders of Appalachia: The Campaign to Eliminate Mountaintop Removal Coal Mining and the Role of Public Justice
I. INTRODUCTION II. MOUNTAINTOP REMOVAL III. PUBLIC JUSTICE A. Background B. Public Justice Today C. Justice and the Environment IV. BIOGRAPHIES A. Jim Hecker B. Joe Lovett. V. LITIGATION HISTORY A. Bragg...
Emerging Commons and Tragic Institutions
I. INTRODUCTION II. CHALLENGES OF PROTECTING THE COMMONS A. Challenges Imbedded in the Traits era Commons B. Challenges of Convincing Commons Users to Cut Back C. Problems of Engineering Collective Action III. BUILDING AND MAINTAINING...
Energy Independence and Global Warming
Policy making is often bedeviled by disconnects between public perceptions and reality. This problem is particularly acute today in the context of two public policy issues of central interest to readers of this journal: energy independence and global...
Israeli-Palestinian Water Literature's Misplaced Dependence upon Customary International Law
I. INTRODUCTION II. RELEVANT SOURCES OF INTERNATIONAL WATER LAW A. Principles of International Water Law B. Customary International Water Law 1. The Helsinki Rules (1966) 2. The Convention on the Law of the Non-Navigational...
Missing the Link: The Importance of Keeping Ecosystems Intact and What the Endangered Species Act Suggests We Do about It
I. INTRODUCTION II. BACKGROUND A. Listing Species Under the ESA B. Defining "Species" to Include "Distinct Population Segments" C. The DPS Policy III. SPECIES INTERACTIVITY AND ECOSYSTEM FUNCTIONING A. While You Were Sleeping ...
Questionable Authority: A Recent CEQ Guidance Memorandum
I. INTRODUCTION II. THE CURRENT STATE OF AFFAIRS IN THE NINTH CIRCUIT A. Great Basin Mine Watch v. Hankins B. Northwest Environmental Advocates v. National Marine Fisheries Service III. HISTORICAL BACKDROP AND EMERGING PRECEDENT ...
The Quick and the Dead: Earth Island V. Forest Service and the Risk of Forest Service Financial Bias in Post-Fire Logging Adjudications
I. INTRODUCTION II. THE ECOLOGICAL CONTEXT OF POST-FIRE LOGGING A. "Salvage Logging" B. Ecological Impacts of Post-Fire Logging 1. Soils 2. Snags 3. Watersheds III. FOREST SERVICE POST-FIRE LOGGING PRACTICES ...