Environmental Law articles from June 1996

Environmental Law archives from June 1996

Toward a new system of environmental regulation: the case for an industry sector approach.
June 22, 1996... I. Introduction To say that the 1990s are a time of change for environmental policy in the United States is an understatement. After two decades of nearly steady growth in terms of legal authority, political support, and financial and...

Future prospects for mining and public land management: the federal 'retention-disposal' policy enters the twenty-first century.
June 22, 1996... I. Introduction To waste, to destroy, our natural resources, to skin and exhaust the land instead of using it so as to increase its usefulness, will result in undermining in the days of our children the very prosperity which we ought by right...

The continuing nature of notification violations under environmental statutes.
June 22, 1996... I. Introduction Several federal environmental statutes and the regulations implementing them contain notification provisions. The provisions generally require covered persons to provide the U.S. Environmental Protection Agency (EPA) with...

Coping with change: energy, fish, and the Bonneville Power Administration.
June 22, 1996... I. Introduction Hydropower and fish are strange bedfellows. For the Bonneville Power Administration (BPA), the Pacific Northwest's federal marketer of Columbia River hydroelectric power, they rest side by side. Once the cheapest power in the...

Forest health and the politics of expediency.(Salvage Logging: Point & Counterpoint)
June 22, 1996... I. INTRODUCTION In 1995 Congress attached to an Emergency Appropriations Bill(1) a "rider"(2) creating an Emergency Salvage Timber Sale Program."(3) The sponsors of the timber salvage rider asserted to their colleagues in Congress that the...

Legislative history of the timber and salvage amendments enacted in the 104th Congress: a small victory for timber communities in the Pacific Northwest. (response to article by Michael Axline in this issue, p. 613)(Salvage Logging: Point & Counterpoint)
June 22, 1996... In 1995, after years of frustration, the voices of the people who live and work in Pacific Northwest timber communities were finally heard. That year marked the first time since the listing of the northern spotted owl as a threatened species(1)...

Salmon law and policy in 1995: a brief overview.(The Second Annual 'Who Runs the River?' Colloquium)
June 22, 1996... Last year, when we gathered to discuss who runs the river, we did so in the wake of two significant federal court decisions, and the speakers addressed those decisions in some detail.(1) The first decision was Idaho Department of Fish & Game v....

Rethinking the federal role in a competitive electric market.(The Second Annual 'Who Runs the River?' Colloquium)
June 22, 1996... When I was in college, it was still illegal to hook up my own telephone. But I did it; everybody I knew did it. And we didn't get caught. We did not worry about it too much, but in those days, the telephone industry was so tightly vertically...

Salmon recovery plans: some fundamental choices.(The Second Annual 'Who Runs the River?' Colloquium)
June 22, 1996... When I was first approached to become a member of the Northwest Power Planning Council, having been an academic for nearly three decades, the first thing I did was a thorough literature search. That is when I was first introduced to Professor...

Restructuring the Northwest power system.(The Second Annual 'Who Runs the River?' Colloquium)
June 22, 1996... I want to address the Bonneville Power Administration (BPA) and the institutions that run the Columbia River, because those institutions will have more to say about what happens to the future of Columbia Basin salmon than anything else. This...

1995 river operations under the Endangered Species Act: continuing the salmon slaughter.(The Second Annual 'Who Runs the River?' Colloquium)
June 22, 1996... Idaho Rivers United's goal for Columbia Basin salmon and steelhead is the restoration of healthy, self-sustaining, harvestable populations of these fish in Idaho. This is consistent with the overwhelming public opinion in the Northwest, with...

One tribe's perspective on 'who runs the reservoirs.'(The Second Annual 'Who Runs the River?' Colloquium)
June 22, 1996... The question that this Colloquium asks is, "Who runs the river?" If tribal people were asked that question 150 years ago, we would have had a much different answer than today because we knew how the river ran, why it ran, and where it ran to....

Redefining federal public lands in Alaska.(Case Note)
June 22, 1996... I. Introduction The Alaska State Constitution provides that "[w]herever occurring in their natural state, fish, wildlife, and waters are reserved to the people for common use,"(1) and that "[n]o exclusive right or special privilege of fishery...

Streamlining EPA's NPDES permit program with administrative summary judgment: Puerto Rico Aqueduct & Sewer Authority v. Environmental Protection Agency. (National Pollutant Discharge Elimination System)
June 22, 1996... I. Introduction Nearly forty years ago, Professor Kenneth C. Davis declared: "Some agencies might well take a leaf from the federal rules of civil procedure and permit summary judgment without evidence when no issue of fact is presented."(1)...