Environmental Law articles from March 1995

Environmental Law archives from March 1995

The sleeping giant awakens: PUD No. 1 of Jefferson County v. Washington Department of Ecology. (state water quality standards and hydroelectric project licensed by the Federal Energy Regulatory Commission)
March 22, 1995... I. INTRODUCTION The Dosewamps River is a sparkling gem in one of the crown jewels of our National Parks. It originates in the glacial peaks of the Olympic National Park, a World Heritage Site and International Biosphere Reserve. In an era when...

Environmental racism claims brought under Title VI of the Civil Rights Act.
March 22, 1995... "Longsimmering [sic] resentment in the minority and Native American communities about environmental fairness could soon be one of the most politically explosive environmental issues yet to emerge." --anonymous Bush administration official in...

An essay on environmental audit privileges: the right problem, the wrong solution.
March 22, 1995... Industrial representatives long have argued that the Environmental Protection Agency (EPA) should do more to encourage regulated entities to evaluate their own compliance status and correct their own violations. While both EPA and the Department...

Columbia Basin salmon and the courts: reviving the parity promise.(Colloquium: Who Runs the River?)
March 22, 1995... I. INTRODUCTION This is the first conference of the Northwest Water Law and Policy Project, a three-year project dedicated to the preservation and wise use of the Northwest's most precious resource--its water. Over the next three years, we...

The history and legislative background of the Northwest Power Act.(Colloquium: Who Runs the River?)
March 22, 1995... It is depressing to talk about salmon restoration and the Northwest Power Act in 1994.1 So little progress has been made over a period of many years. The promise of salmon restoration that was a central tenet of the Act has never been realized....

An insider's perspective on Northwest Resource Information Center v. Northwest Power Planning Council.(Colloquium: Who Runs the River?)
March 22, 1995... This is an insider's perspective. I was an insider on the Northwest Resource Information Center v. Northwest Power Planning Council (NRIC) case,(1) but I am not an insider on the workings of the Northwest Power Planning Council. I started working...

Some fallacies about salmon restoration.(Colloquium: Who Runs the River?)
March 22, 1995... I was going to tell you about the law and these decisions until I listened to the other speakers this morning and I decided I was not really going to talk about the law at all. The reason is that the law is not very important to what is going on...

Steering by dicta.(Colloquium: Who Runs the River?)
March 22, 1995... I want to focus less on the details of this surprising Northwest Resource Information Center v. Northwest Power Planning Council (NRIC) opinion and instead talk about what its broad messages may be, and where they may take us.(1) I think...

The Endangered Species Act, the Federal Columbia River Power System, and the National Marine Fisheries Service.(Colloquium: Who Runs the River?)
March 22, 1995... I. INTRODUCTION "Who runs the River? The Columbia River... and the Courts' is the question posed for this conference. The more fundamental question, however, is, "How is the river to be run?" Legal standards are at the center of the...

Idaho's strategy in Idaho Department of Fish & Game v. National Marine Fisheries Service.(Colloquium: Who Runs the River?)
March 22, 1995... This conference brings together an extraordinary cast of combatants on salmon issues to answer the question: Who rans the River? I sense that despite our deep divisions about the science and about the law, we would all answer that question the...

Should the courts run the river? (Columbia River)(Colloquium: Who Runs the River?)
March 22, 1995... For the sake of time, I am just going to touch on some very brief points that I think have emerged out of this process. First, let me mention a little bit of history and give it a bit of a different context than you have heard so far. Second, I...

The implications of salmon recovery for the Bonneville Power Administration and the region.(Colloquium: Who Runs the River?)
March 22, 1995... I am the General Counsel of the Bonneville Power Administration (BPA), and I am here to talk about the opinions in Northwest Resource Information Center v. Northwest Power Planning Council (NRIC)(1) and Idaho Department of Fish & Game v. National...

Legal issues shaping salmon's future.(Colloquium: Who Runs the River?)
March 22, 1995... I want to begin by briefly explaining how I came to be here. From the moment I found an obscure publication called The Anadromous Fish Law Memo in my law school library, it seems my destiny was to end up here at Lewis & Clark with someone named...

Panel discussion.(Colloquium: Who Runs the River?)(Panel Discussion)
March 22, 1995... Janet Neuman(1) -- I want to take about ninety seconds to tell you, in case you did not realize it, that four of the speakers all essentially agreed with each other. Here is what I think they said. Jim Buchal disagrees with the other parties'...

American Indian reserved water rights: the federal obligation to protect tribal water resources and tribal autonomy.
March 22, 1995... I. INTRODUCTION 426 II. ORIGIN OF TRIAL WATER RIGHTS: THE WINTERS RESERVED RIGHTS DOCTRINE, THE PIA STANDARD, AND THE ROOTS OF CONFLICT III. NORMATIVE ARGUMENTS For STRONG FEDERAL PROTECTION OF INDIAN RESERVED RIGHTS A. Historical...

Oregon's Senate Bill 61: balancing protection and privatization of cultural resources.
March 22, 1995... I. Introduction II. Background A. Oregon's Cultural Resources Laws Prior to SB 61 1. Grave Protection 2. Archaeological Statutes B. Legislative Models 1. Archaeological Resources Protection Act of 1979 2. Revised Code of Washington 3. Native...

Problems of punitive damages for political protest and civil disobedience. (Oregon)(Case Note)
March 22, 1995... "The rights protected by the First Amendment are of profound importance to our society. Free speech is a transcendent value in that other values and rights are subordinated. In effecting the primacy of the First Amendment [there is al preference...

Animal habitats in harm's way.(Case Note)
March 22, 1995... I. INTRODUCTION Timber harvest and ecosystem preservation are at the center of the dispute in Sweet Home Chapter of Communities for a Great Oregon v. Babbitt (Sweet Home III).(1) Environmentalists who seek protection and preservation of the...

FIFRA preemption of common-law tort claims after Cipollone. (Federal Insecticide, Fungicide, and Rodenticide Act)
March 22, 1995... I. INTRODUCTION States have a fundamental right to protect their citizens. However, when a plaintiff alleges that a pesticide manufacturer failed to adequately warn of the dangers associated with its products, courts are increasingly...

A View of the River.
March 22, 1995... Luna B. Leopold. Cambridge, MA: Harvard University Press. 1994. 298 pp. $39.95 Clothbound. In A View of the River, Luna Leopold has developed a comprehensive river hydrology and geomorphology primer for both scientists and nonscientists...

Ozone Discourses: Science and Politics in Global Environmental Cooperation.
March 22, 1995... Karen T. Litfin. New York, NY: Columbia University Press. 1994. 257 pp. $29.95 Clothbound. Over the past twenty years, environmental policy has turned more and more to the sciences to find both answers and support. In Ozone Discourses: Science...

River of Promise, River of Peril: The Politics of Managing the Missouri River.
March 22, 1995... John E. Thorson, Lawrence, KS: University Press of Kansas. 1994. 282 pp. $29.95 Clothbound. John E. Thorson, using River of Promise, River of Peril, takes the reader on a fact-filled journey through the history of the Missouri River basin....

Environmental Cooperation in Europe: The Political Dimension.
March 22, 1995... Edited by Otmar Holl, Boulder, CO: Westview Press. 1994. 299 pp. $19.95 Paperbound. The essays in this volume are a result of a two-day conference held in Vienna in November 1991 to discuss environmental cooperation in Europe. The authors of...