Environmental Law articles from March 1997

Environmental Law archives from March 1997

Current trends in judicial review of environmental agency action.
March 22, 1997... A Supreme Court Justice once began a lecture on administrative law with this apt observation: "Administrative law is not for sissies--so you should lean back, clutch the sides of your chairs, and steel yourselves for a pretty dull lecture."(1)...

Beyond the parity promise: struggling to save Columbia Basin salmon in the mid-1990s.(Symposium on Northwest Water Law)
March 22, 1997... I. INTRODUCTION II. AN OVERVIEW OF MAINSTEM RESTORATION MEASURES A. Inriver Migration: Flows, Drawdowns, and Spills B. Out-of-River Migration: Barging and Trucking III. JUDICIAL REJECTION OF SALMON RESTORATION PLANS A....

Water for growing communities: refining tradition in the Pacific Northwest.(Symposium on Northwest Water Law)
March 22, 1997... I. INTRODUCTION Farms and fish currently dominate the dialogue on water rights and instream flows in the Northwest.(1) Farms, after all, draw the most water from rivers and streams in the region, sometimes leaving entire species of...

Wasting water in the Northwest: eliminating waste as a way of restoring streamflows.(Symposium on Northwest Water Law)
March 22, 1997... I. INTRODUCTION II. BENEFICIAL USE WITHOUT WASTE: HISTORY AND DEFINITION A. A Historical Perspective--Why Was the Concept Created? B. Defining "Waste" 1. Physical Definition of "Waste" 2. Legal Definitions of...

Instream rights & invisible hands: prospects for private instream water rights in the Northwest.(Symposium on Northwest Water Law)
March 22, 1997... I. INTRODUCTION As fish and wildlife populations in the Columbia River Basin plummet, a diverse collection of individuals, groups, and governments dedicates an increasing amount of resources to an ever-worsening problem.(1) Despite...

The R.S. 2477 right of way dispute: constructing a solution.(Revised Statute 2477)
March 22, 1997... I. INTRODUCTION In the midst of a massive wave of settlement, the American West of the mid-1800s demanded both assistance and freedom in order to prosper. The federal government obliged, offering a myriad of "self-help" remedies to...

An update on pleading, sanctions and civil justice reform in environmental cases.(Letter to the Editor)
March 22, 1997... Dear Editorial Staff: Since 1992, in the initial issue of each volume of Environmental Law,(1) I have evaluated the application of Federal Rule of Civil Procedure 8 governing pleading, and Federal Rule of Civil Procedure 11 covering...