Environmental Law articles from September 1997

Environmental Law archives from September 1997

Tribute. (Lenair Mulford, law school staff)(includes 3 testimonials)
September 22, 1997... We will greatly miss Lenair Mulford as a friend and co-worker when she retires at the end of September, 1997. Her absence will be most acutely felt by those of us who have come to rely on her prodigious talent as a word processor and editor....

In memoriam: Terry Nelson Riley. (law student)(includes 2 testimonials)(Brief Article)
September 22, 1997... Terry was well loved for his deep insight and the compassion with which he approached the adventure of his life. As a teenager, he co-founded a Seattle based neosurrealist/dadaist art group, and was steadily and successfully showing his work...

Fairness in environmental law.
September 22, 1997... In an earlier life. I worked as a bartender.(1) bartenders principal occupation, of course, is to serve beverages. Yet a bartender spends substantial time listening to customer grievances: not about the quality of the service, but about the...

FERC's abdication of jurisdiction over hydroelectric dams on nonnavigable rivers: a potential setback for comprehensive stream management. (Federal Energy Regulatory Commission)
September 22, 1997... I. INTRODUCTION Congress established the Federal Energy Regulatory Commission (FERC or Commission), originally known as the Federal Power Commission (FPC), in the Federal Water Power Act of 1920 (FWPA)(1) to provide comprehensive...

Reshaping habitat conservation plans for species recovery: an introduction of a series of articles on habitat conservation plans.(Symposium on Habitat Conservation Plans)
September 22, 1997... I. INTRODUCTION One of the hottest debates among Endangered Species Act (ESA)(1) policy experts is about habitat conservation plans (HCPs), the legal device by which the federal government authorizes habitat disturbing activities by...

The no surprises policy: Contracts 101 meets the Endangered Species Act.(Symposium on Habitat Conservation Plans)
September 22, 1997... I. INTRODUCTION "No Surprises" became part of the Endangered Species Act (ESA)(1) vocabulary when Secretary of the Interior Bruce Babbitt and Secretary of Commerce Ron Brown announced the policy in August 1994.(2) The policy made a big...

Can we conserve California's threatened fisheries through natural community conservation planning?(Symposium on Habitat Conservation Plans)
September 22, 1997... I. INTRODUCTION A. Recent History of the Coho Crisis Before the coho salmon was listed under the Endangered Species Act (ESA), the Resources Agency of California (Resources Agency) convened a policy committee for the development...

Using habitat conservation plans to implement the Endangered Species Act in Pacific Coast forests: common problems and promising precedents.(Symposium on Habitat Conservation Plans)
September 22, 1997... I. INTRODUCTION A. The ESA and Biodiversity on State and Private Lands Since being drafted in its modem form in 1973, the Federal Endangered Species Act (ESA) has remained our chief law for protecting imperiled animal and plant...

The embattled social utilities of the Endangered Species Act - a Noah presumption and caution against putting gasmasks on the canaries in the coalmine.(Symposium on Habitat Conservation Plans)
September 22, 1997... The militant environmentalist movement in America today is a new homosocialism, communism. What these people are is against private property nights. They are trying to attack capitalism and corporate America in the form of going after timber...

Case summaries. (cases on environmental quality, natural resources, forests, and related subjects)(1996 Ninth Circuit Environmental Review)
September 22, 1997... 1. Ober v. EPA, 84 F.3d 304 (9th Cir. 1996). Phoenix residents adversely affected by excessive levels of airborne particulates petitioned for review of a final decision of the Environmental Protection Agency (EPA) under the Clean Air Act...

An inapt fiction: the use of the Ex parte Young doctrine for environmental citizen suits against states after Seminole Tribe.(1996 Ninth Circuit Environmental Review)
September 22, 1997... I. INTRODUCTION Seminole Tribe of Florida v. Florida,(1) the Supreme Court's latest effort to explicate the constitutional limits on federal power, resulted in an opinion diluted by ambiguity and dissent.(2) The majority held that...

How far should the bar on citizen suits extend under section 309 of the Clean Water Act?(1996 Ninth Circuit Environmental Review)
September 22, 1997... I. INTRODUCTION In an effort to increase enforcement actions, Congress amended the Clean Water Act (CWA)(1) in 1987 to include a new administrative penalty section that allows agencies to assess civil penalties.(2) This section also...

Are insignificant emissions significant? Western States Petroleum Ass'n v. EPA: the air operating permit program of the Clean Air Act.(1996 Ninth Circuit Environmental Review)
September 22, 1997... I. Introduction One of the primary goals of the Clean Air Act (CAA)(1) is to "encourage or otherwise promote reasonable Federal, State, and local governmental actions . . . for pollution prevention."(2) In designing its air operating...