Environmental Law

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

Articles from Vol. 43, No. 4, Fall

Enough Is Enough! Stormwater Discharged from Man-Made Pipes, Ditches, and Channels along Logging Roads Is Not Nonpoint Source "Natural Runoff"
I. INTRODUCTION II. LOGGING ROAD POLLUTION Is WIDESPREAD AND HARMFUL Although EPA's Stormwater Rule Appeared to Require NPDES Permits for Logging Roads, Many incorrectly Viewed Stormwater From Pipes and Ditches Along Logging Roads as Nonpoint...
On Judicial Review under the Clean Water Act in the Wake of Decker V. Northwest Environmental Defense Center: What We Now Know and What We Have Yet to Find Out
B. The Supreme Court Tests the Waters In 1976, the Supreme Court had its first opportunity to discuss the scope of section 509. (244) In E.I. du Pont de Nemours & Co. v. Train (du Pont), (245) the Court considered the issues that had divided...
Preserving Perpetuity? Exploring the Challenges of Perpetual Preservation in an Ever-Changing World
I. INTRODUCTION II. BACKGROUND A. Preservation Easements: An Overview B. The Move to Permanence--Protection for Historic Properties Through Division of the Fee Estate 1. Deed Restrictions/Zoning Controls 2. Purchase...
Questions Remain for the Timber Industry after Supreme Court's Decision in Decker V. Northwest Environmental Defense Center
I. INTRODUCTION II. STATUTORY AND REGULATORY BACKGROUND A. Development of EPA's Silvicultural Rule B. Factual and Procedural Background III. THE NINTH CIRCUIT'S DECISION A. The Silvicultural Rule B. The Phase I Program IV....
Seeing the Forest for the Trees: Regulating Carbon Dioxide Emissions from Bioenergy Production under the Clean Air Act
I. INTRODUCTION II. REGULATING GREENHOUSE GAS EMISSIONS UNDER THE CLEAN AIR ACT III. CLIMATE CHANGE IMPLICATIONS OF BIOENERGY PRODUCTION A. The Role of Biomass in the Carbon Cycle B. Management-Related Factors and Considerations C....
State Environmental Policy Innovations: North Carolina's Clean Smokestacks Act
I. INTRODUCTION II. BACKGROUND A. The Clean Air Act B. Grandfathering C. Tail Stacks and Add Rain D. 1990Amendments: Cap and Trade E. Interstate Pollution and State Petitions F. Mercury G. The NQ SIP Call H....
With Friends like These: The Trouble with Auer Deference
I. INTRODUCTION II. THE MANY DOCTRINES OF DEFERENCE A. Agency Interpretations B. Development of Deference to Agency Statutory Interpretations C. Development of Deference to Agency Regulatory Interpretations III. WHAT TO DO WITH AUER IV....