Environmental Law articles from June 1997

Environmental Law archives from June 1997

Reflections on the role of the courts in environmental law.
June 22, 1997... Thank you, your honors, and may it please your courts. I am truly honored to have the opportunity to come before you today, not as a litigant in a specific matter, but rather as a litigant in general, pleading the cause of cooperation and...

The case of the Speluncean polluters: six themes of environmental law, policy, and ethics.
June 22, 1997... In the Supreme Court of Newgarth, 4310 A.D. The parties, having participated in the administrative proceedings of the Environment Agency and in the judicial review proceedings of the District Court and Intermediate Court below, brought these...

The constitutional rights of nonsettling potentially liable responsible parties in the allocation of CERCLA liability.
June 22, 1997... I. INTRODUCTION The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund)(1) is widely criticized as unfair because it imposes retroactive, strict, and joint and several liability upon a broad...

Keeping pigs out of parlors: using nuisance law to affect the location of pollution.
June 22, 1997... I. Introduction American pollution laws fail to attack directly the harms created by pollution. Instead, they primarily address emission levels. The Clean Air Act (CAA)(1) and the Clean Water Act (CWA)(2) implement regimes that seek to...

Reforming livestock grazing on the public domain: ecosystem management-based standards and guidelines blaze a new path for range management.
June 22, 1997... I. Introduction Livestock grazing on federal lands that are administered by the Bureau of Land Management (BLM) is intensely controversial in the western United States.(1) At its worst, the debate pits the slogan "Cattle Galoree by...

Breaking the trail of broken promises: "necessary" in Section 810 of ANILCA carries substantive obligations. (Alaska National Interest Lands Conservation Act)
June 22, 1997... I. INTRODUCTION Since 1968, the federal government has promoted a policy of self-determination for Native Americans. President Nixon summarized this new policy in a special message to Congress on July 8, 1970, when he urged that it...

Eliminating the National Forest Management Act's diversity requirement as a substantive standard.
June 22, 1997... I. Introduction When Congress passed the National Forest Management Act of 1976 (NFMA),(1) thereby amending the Forest and Rangeland Renewable Resources Planning Act of 1974,(2) many were hopeful that management of the nation's natural...

A case for the extension of the public trust doctrine in Oregon.
June 22, 1997... I. Introduction Amidst the torrential rains and heavy flooding that plagued the Pacific Northwest during the past two years, it is difficult to fathom that there is a water shortage in the state of Oregon. Yet, many of Oregon's rivers...