Environmental Law articles from June 2008

Environmental Law archives from June 2008

Justice Kennedy and ecosystem services: a functional approach to Clean Water Act jurisdiction after Rapanos.
June 22, 2008... I. INTRODUCTION II. ECOSYSTEM SERVICES AND THE PRESERVATION OF AQUATIC ECOSYSTEMS UNDER THE CLEAN WATER ACT A. Ecosystem Services in General B. Ecosystem Services from Aquatic Ecosystems and Wetlands C. The Need...

Catch me if you can - the misapplication of the federal statute of limitations to Clean Air Act PSD permit program violations.(prevention of significant deterioration)
June 22, 2008... I. INTRODUCTION II. THE PSD PROGRAM III. COOPERATIVE FEDERALISM UNDER THE CAA IV. VARIOUS MECHANISMS FOR IMPLEMENTATION OF THE PSD PROGRAM V. PSD PERMITTING VIOLATIONS A. Nature of PSD Violations B. Enforcement Against...

The shifting sands of property rights, federal railroad grants, and economic history: Hash v. United States and the threat to rail-trail conversions.
June 22, 2008... I. INTRODUCTION II. FEDERAL RAILROAD LAND-GRANT POLICIES III. THE SHIFTING SANDS OF FGROW PROPERTY RIGHTS IV. ABANDONMENT, RAILBANKING, AND JUST COMPENSATION V. HASH V. UNITED STATES VI. HOMESTEAD PRECEDENTS HOLDING THAT...

Ossification's demise? An empirical analysis of EPA rulemaking from 2001-2005.
June 22, 2008... I. INTRODUCTION II. THE TREND AWAY FROM RULEMAKING A Challenges to Rulemaking B. Ossification C. Trend Toward Informal Procedures III. EMPIRICAL RESEARCH DESIGN IV. FINDINGS A. Ossification 1....

Nimrod: Courts, Claims, and Killing on the Oregon Frontier.(Book review)
June 22, 2008... Our story (1) begins in 1852 in Oregon, deep in the Willamette Valley. Here, between the Cascade foothills and the Coast Range, (2) we find ourselves almost instantly privy to an inquest into a murder over a land claim that, by today's...

2007 Ninth Circuit environmental review.
June 22, 2008... CRYSTAL S. CHASE Center for Biological Diversity v. National Highway Traffic Safety Administration, 508 F.3d 508 (9th Cir. 2007) Lands Council v. McNair, 494 F.3d 771 (9th Cir. 2007) Sierra Club v. Bosworth, 510 F.3d 1016 (9th Cir....

What a long, strange trip it's been: broader arranger liability in the Ninth Circuit and rethinking the useful product doctrine.
June 22, 2008... I. INTRODUCTION II. ARRANGER LIABILITY UNDER CERCLA AND THE NINTH CIRCUIT'S RECENT EXPANSION OF "BROADER" ARRANGER LIABILITY A. A Brief Introduction to CERCLA Liability B. Arranger Liability Under Section 107(a)(3) ...

Wielding a finely crafted legal scalpel: why courts did not cause the decline of the Pacific Northwest timber industry.
June 22, 2008... I. INTRODUCTION: JOBS VERSUS THE ENVIRONMENT II. BACKGROUND A. Statutory Framework 1. Early Regulation of National Forests 2. The National Forest Management Act 3. The National Environmental Policy Act ...