Environmental Law articles from July 1993

Environmental Law archives from July 1993

A private property duty of stewardship: changing our land ethic.
July 1, 1993... I. Introduction The king is dead. Feudalism is dead. Despite their deaths they do not seem well buried. Some hear the cry of their ghosts roaming the land, spreading their message of fear. They trumpet that the safest haven against the...

Introduction and decision. (A Colloquium on Lucas)
July 1, 1993... I. Introduction The taking issue has displayed wilderness characteristics of the dark wood in which Dante became entangled during his legendary descent into the Inferno.(1) The path has been obscured; the compass has been obliterated;...

Lucas: a flawed attempt to redefine the Mahon analysis. (A Colloquium on Lucas)
July 1, 1993... The South Carolina majority in Lucas,(1) in upholding the Beachfront Management Act,(2) reverted to the takings test that prevailed before the U.S. Supreme Court decided Pennsylvania Coal in 1922.(3) Despite the Court's rejection of that test...

Revolution or restatement? Awaiting answers to Lucas' unanswered questions. (A Colloquium on Lucas)
July 1, 1993... A tremendous amount of effort has gone into analyzing and deciphering Lucas v. South Carolina Coastal Council.(1) One might reasonably ask why; what is it about the Lucas case that's so significant? One thing that might be significant is that...

Lucas: a small step in the right direction. (A Colloquium on Lucas)
July 1, 1993... I am a little uncomfortable here. I'm not used to having Ed Sullivan so close to me on the left,(1) and I am certainly not used to having Michael Blumm on my right.(2) I am also a little confused by the rules of this panel discussion. The...

Property myths, judicial activism, and the Lucas case. (A Colloquium on Lucas)
July 1, 1993... If you were to put words in my mouth, Professor Huffman,(1) I would fully expect the great environmental goddess in the sky to come down here and strike me down as I speak. You should be comforted to know that, whether I sit on your right or...

Lucas and creative constitutional interpretation. (A Colloquium on Lucas)
July 1, 1993... I participated, to some small extent, in the Lucas case, being on the American Planning Association's Amicus Curiae Committee, which filed a Supreme Court brief in the case. The Court neither followed, nor apparently even used that brief. In...

Panel discussion. (A Colloquium on Lucas)
July 1, 1993... Large - Just to keep it brief, one fact I always thought was curious in Lucas was in the record - it was in the brief and it was argued, but it doesn't come up in any of the opinion - is that to purchase the property he paid $60,000 down and...

The public interest in Western water.
July 1, 1993... I. Political History of Western Water In the spirit of this conference, I thought I'd see if I can broaden, just a bit, the issue of title navigability to streams and water resources generally, and give you my view of the public interest...

Confronting the environmental legacy of irrigated agriculture in the West: the case of the Central Valley Project.
July 1, 1993... I. Introduction On October 30, 1992, just before a presidential election, President Bush signed an important western water measure, the Reclamation Projects Authorization and Adjustment Act of 1992.(1) The legislation contains forty...

Our Limits Transgressed: Environmental Political Thought in America.
July 1, 1993... I. Introduction In his book Our Limits Transgressed: Environmental Political Thought in America, Bob Pepperman Taylor maintains that Henry David Thoreau and Gifford Pinchot, the forebears of environmental thought, strongly connected...

Regulation of storm water discharges under the Clean water Act. (1992 Ninth Circuit Environmental Review)
July 1, 1993... I. Introduction The discharge of storm water into navigable waterways is recognized as a widespread problem responsible for much of the degradation of U.S. waterways. According to the U.S. Environmental Protection Agency (EPA),...

The Columbia River Gorge National Scenic Area Act. (1992 Ninth Circuit Environmental Review)
July 1, 1993... I. Introduction The Ninth Circuit Court of Appeals decided two cases in 1992 interpreting the Columbia River Gorge National Scenic Area Act.(1) In Columbia River Gorge United v. Yeutter,(2) the court considered the first constitutional...

Tenakee Springs v. Franzel and the Tongass Timber Reform Act. (1992 Ninth Circuit Environmental Review)
July 1, 1993... In 1992, the Ninth Circuit closed the most recent chapter in a series of cases concerning logging in the Tongass National Forest in Alaska, determining that Congress, in enacting the Tongass Timber Reform Act, remedied the deficiencies alleged by...

Environmental considerations in hydroelectric licensing: California v. FERC (Dynamo Pond). (Federal Energy Regulatory Commission) (1992 Ninth Circuit Environmental Review)
July 1, 1993... I. Introduction The Ninth Circuit's decision in California v. FERC (Dynamo Pond),(1) is representative of the continuing conflicts between the Federal Energy Regulatory Commission (FERC) and state and federal natural resource agencies...

Extending Marsh's "arbitrary and capricious" review to an initial EIS decision. (Environmental Impact Statement) (1992 Ninth Circuit Environmental Review) (Case Note)
July 1, 1993... I. INTRODUCTION Since its inception in 1970, the National Environmental Policy Act (NEPA)(1) has focused government and public attention on the environmental effects of proposed agency action. NEPA establishes that it is "the continuing...