Environmental Law

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

Articles from Vol. 32, No. 1, Winter

All Mixed Up about Mixed Waste
I. INTRODUCTION Since the Manhattan Project, (1) knowledge and use of nuclear technology has increased dramatically. (2) Today, this technology is used not only to make weapons, but for civilian projects such as producing energy and advancing...
Endangered Species' Slippery Slope Back to the States: Existing Regulatory Mechanisms and Ongoing Conservation Efforts under the Endangered Species Act
I. INTRODUCTION On December 29, 2000, Endangered Species Act (ESA or Act) (1) supporters collectively winced when President-elect George W. Bush nominated Gale Norton to succeed Bruce Babbitt as the Secretary of the Interior. (2) After all, Norton...
Law and the Fourth Estate: Endangered Nature, the Press, and the Dicey Game of Democratic Governance
********** I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it ...
Priority: The Most Misunderstood Stick in the Bundle
I. INTRODUCTION A decade has passed since Charles Wilkinson eulogized the passing of Prior Appropriation in 1991. (1) I rejoined that Prior may have died but his progeny lived on. (2) A year later, the authors of the "The Long's Peak Report"...
The Application of the Endangered Species Act to the Protection of Freshwater Mussels: A Case Study
I. INTRODUCTION The Endangered Species Act (ESA or Act) (1) remains one of the most controversial environmental laws in the United States. Supporters depict it as the only legal bulwark against the mass extinction of species in the United States...
Valuing the Environment: Courts' Struggles with Natural Resource Damages
I. INTRODUCTION How much is a dead seal worth? How much is a day at the beach worth? How much is the Grand Canyon worth? These are questions that courts have faced, or might face in the future, in efforts to protect natural resources. Many people,...