Environmental Law articles from June 2006

Environmental Law archives from June 2006

Regulatory reform: the new Lochnerism?
June 22, 2006... I. INTRODUCTION II. CBA: AN INTRODUCTION A. CBA: A Definition B. Origins and History III. LOCHNERISM A. Ideology B. Natural Law Origins C. Skepticism Toward Non-Neutral Legislation 1. Class...

Understanding citizen perspectives on government decision making processes as a way to improve the administrative state.
June 22, 2006... I. INTRODUCTION II. AN OVERVIEW OF THE COMMISSION FOR ENVIRONMENTAL COOPERATION AND ITS CITIZEN SUBMISSIONS PROCESS A. An Overview of the CEC B. The CEC Citizen Submissions Process III. THE TRACK RECORD OF CITIZENS'...

Practiced at the art of deception: the failure of Columbia Basin salmon recovery under the Endangered Species Act.
June 22, 2006... I. INTRODUCTION II. THE RELATIONSHIP BETWEEN HYDROPOWER AND SALMON A. The Legal Framework: The Northwest Power Act and the Endangered Species Act. B. Current Status of the Columbia River Basin's Listed Salmon ...

The challenges of dam removal: the history and lessons of the Condit Dam and potential threats from the 2005 Federal Power Act amendments.
June 22, 2006... I. INTRODUCTION II. BACKGROUND A. Condit Dam and the Resources of the White Salmon River B. The Federal Power Act and Dam Relicensing C. Condit Dam Relicensing and the 1999 Agreement to Remove the Dam III....

The Nez Perce water rights settlement and the revolution in Indian country.
June 22, 2006... I. INTRODUCTION II. THE VALLEYS AND CANYONS OF THE WINDING WATERS A. The Treaty of 1855 B. The Treaty of 1863 III. NEZ PERCE TREATY RIGHTS AND THE COURTS A. Nez Perce Tribe v. Idaho Power Co. B. In re SRBA, No....

2005 Ninth Circuit Environmental Review.
June 22, 2006... SHERRY L. BOSSE Carson Harbor Village, Ltd. v. County of Los Angeles, 433 F.3d 1260 (9th Cir. 2006) Defenders of Wildlife v. United States Environmental Protection Agency, 420 F.3d 946 (9th Cir. 2005) Ecology Center, Inc. v....

Defenders of Wildlife v. EPA: testing the boundaries of federal agency power under the ESA.
June 22, 2006... In August 2005, the Ninth Circuit reversed an Environmental Protection Agency (EPA) decision to delegate National Pollution Discharge Elimination System (NPDES) permitting authority to the state of Arizona under the Clean Water Act (CWA) in...

ARC Ecology v. United States Department of the Air Force: extending the extraterritorial reach of domestic environmental law.
June 22, 2006... I. INTRODUCTION II. AN OVERVIEW OF THE PRESUMPTION AGAINST EXTRATERRITORIAL APPLICATION OF DOMESTIC LAW AS IT APPLIES IN ENVIRONMENTAL LAW A. Congressional Intent Dictates Whether an Environmental Law Applies...