Environmental Law articles from January 2003

Environmental Law archives from January 2003

Celebrating Tahoe-Sierra.(regulatory takings)
January 1, 2003... I. INTRODUCTION II. THE ESSENTIAL BACKGROUND FACTS A. Tahoe's Tragedy of the Commons B. The Tahoe Regional Planning Agency C. The Ninth Circuit Decision III. THE HIGHLIGHTS A. Severance of Physical from...

The Clean Water Act turns 30: celebrating its past, predicting its future.
January 1, 2003... In celebration of the thirtieth anniversary of the nation's most successful pollution control statute, Lewis & Clark Law School and the Northwest Environmental Defense Center hosted a national Clean Water Act conference October 17-18, 2002, in...

The two lost books in the water quality trilogy: the elusive objectives of physical and biological integrity.
January 1, 2003... I. INTRODUCTION II. DEFINING THE WATER QUALITY TRILOGY: THE OBJECTIVE AND GOALS OF THE CLEAN WATER ACT A. What Did Congress Say? B. Did Congress Understand and Mean What It Said? 1. Textual Evidence ...

Roads not taken: EPA vs. Clean Water.
January 1, 2003... I. NATIONAL WILDLIFE FEDERATION V. GORSUCH: EXEMPTING DAMS FROM PERMIT REQUIREMENTS A. The District Court Decision B. The D. C. Circuit Opinion C. The Consumers Power Case D. The Catskill Mountains Case...

Beyond SWANCC: the new federalism and Clean Water Act jurisdiction.(Solid Waste Agency of Northern Cook Country v. United States Corps of Engineers)
January 1, 2003... I. INTRODUCTION II. CWA BASICS A. Statutory Elements of CWA Jurisdiction B. Compliance with the CWA: Two Permit Programs III. SWANCC, FEDERALISM AND CWA JURISDICTION A. Constitutional Federalism B. Statutory...

Salmon and water temperature: taking endangered species seriously in establishing water quality standards.
January 1, 2003... I. INTRODUCTION II. SOME BACKGROUND ON THE RELEVANT LEGAL REQUIREMENTS III. HOW SHOULD EPA AND THE STATES TAKE SPECIES DISTRESS INTO ACCOUNT IN SETTING WATER QUALITY STANDARDS? IV. THE ADVANTAGES OF ADDRESSING SPECIES DISTRESS...

Fault lines in the Clean Water Act: criminal enforcement, continuing violations, and mental state.
January 1, 2003... I. INTRODUCTION II. CHOICE OF INTERPRETIVE CANONS III. CONTINUING DISCHARGES A. Statute of Limitations B. Sentencing: Fines and Incarceration C. Concluding Observations on "Continuing Violations" IV. MENTAL STATE...

The power source of a tribe seeking to achieve world renewal and the protection of its natural and cultural resources.(Case Note)
January 1, 2003... I. INTRODUCTION II. INHERENT SOVEREIGNTY AND THE PROTECTION OF SIGNIFICANT CULTURAL AND NATURAL RESOURCES A. Importance of Tribal Authority to Protect Natural Resources and Cultural and Historical Sites B. The...

A Pacific Rim approach to salmon management: redefining the role of Pacific salmon international consensus.
January 1, 2003... TABLE OF CONTENTS I. INTRODUCTION II. PACIFIC SALMON ECOLOGY A. The Ocean Phase B. The Freshwater Phase C. Technological Influence--Hatcheries III. THE PACIFIC SALMON AGREEMENTS--HARVEST MANAGEMENT A....