Environmental Law articles from December 1998

Environmental Law archives from December 1998

Air emissions standards and guidelines under the Clean Air Act for the incineration of hospital, medical, and infectious waste.
December 22, 1998... I. INTRODUCTION Approximately 2400 hospital/medical/infectious waste incinerators (HMIWIs) operate in the United States, and they combust about 846,000 tons of hospital/medical/infectious waste (HMIW) each year.(1) The Environmental...

The little fish that roared: the Endangered Species Act, state groundwater law, and private property rights collide over the Texas Edwards Aquifer.
December 22, 1998... I. INTRODUCTION The Edwards Aquifer region has finally reached the point where the Aquifer is unable to provide for the needs of all those who depend upon it during dry years, from persons directly over the Aquifer, to those...

Maintaining the status quo: protecting established water uses in the Pacific Northwest, despite the rules of prior appropriation.
December 22, 1998... I. INTRODUCTION For decades, water law in all four Pacific Northwest states (Washington, Oregon, Idaho, and Montana) has been based on the prior appropriation doctrine.(1) That doctrine has been a fixture in the western United States for...

Beneficial use, waste, and forfeiture: the inefficient search for efficiency in western water use.
December 22, 1998... I. INTRODUCTION Beneficial use, without waste, is the basis, measure, and limit of a water right. This incantation is an accepted catechism in western water law. Since 1848, when the California gold rush gave birth to the basic principles...

Saving Snake River water and salmon simultaneously: the biological, economic, and legal case for breaching the lower Snake River dams, lowering John Day Reservoir, and restoring natural river flows.
December 22, 1998... I. INTRODUCTION The plight of the Snake River salmon runs has become one of the late twentieth century's foremost environmental issues.(1) The Snake River is the largest tributary of the Columbia River, and the Snake Basin, including...

One hell of a grand idea: applying the lessons of the Grand Canyon experiment to FERC's relicensing of the Hells Canyon complex.(Federal Energy Regulatory Commission)
December 22, 1998... I. INTRODUCTION When Secretary of the Interior Bruce Babbitt opened the flood gates of the Glen Canyon Dam on March 26, 1996, and released an eight-day controlled flood through the Grand Canyon, the occasion was hailed as "the hydrological...

Six-packs for subdivisions: the cumulative effects of Washington's domestic well exemption.
December 22, 1998... I. INTRODUCTION DO not let your chances like sunbeams pass you by For you never miss the water till the well runs dry. --Rowland Howard (1876) Under Washington State water law, groundwater cannot be withdrawn from any aquifer...

Partial forfeiture of water rights: Oregon compromises traditional principles to achieve flexibility.
December 22, 1998... I. INTRODUCTION "Use it or lose it" is a fundamental tenet of the prior appropriation system of western water law.(1) Many western states have codified this common-law principle in their forfeiture statutes.(2) The forfeiture statutes...

Arctic equity? The Supreme Court's resolution of United States v. Alaska.(Arctic National Wildlife Refuge)
December 22, 1998... I. INTRODUCTION Anyone following the national debate between wildlife conservationists and resource development advocates during the past decade is undoubtedly familiar with the Arctic National Wildlife Refuge (ANWR). Stretching across the...

BOOKS RECEIVED.
December 22, 1998... THE PROMISE AND PERIL OF ENVIRONMENTAL JUSTICE Christopher H. Foreman, Jr. Washington, D.C.: Brookings Institution Press, 1998. (800) 275-1447. 191 pp. $22.95 Clothbound. In The Promise and Peril of Environmental Justice, Christopher H....