Environmental Law articles from September 2008

Environmental Law archives from September 2008

Taking Congress' words seriously: towards a sound construction of NEPA's long overlooked interpretation mandate. (National Environmental Policy Act of 1969)
September 22, 2008... I. INTRODUCTION II. NEPA's INTERPRETATION MANDATE: PLAIN LANGUAGE, LEGISLATIVE HISTORY, AND UNANSWERED QUESTIONS III. WHAT POLICIES DOES NEPA SET FORTH? IV. TO WHOM DOES THE INTERPRETATION MANDATE APPLY? V. WHAT IS MEANT BY...

Rethinking recycling.
September 22, 2008... I. INTRODUCTION II. A RCRA PRIMER III. THE PROBLEM OF RECYCLING UNDER RCRA A. Statutory Jurisdiction over Recyclable Materials B. No Clear Economic Indicia of Waste C. No Clear Environmental Indicia of Wastes ...

Property pieces in compensation statutes: law's eulogy for Oregon's measure 37.
September 22, 2008... I. INTRODUCTION II. UNDERSTANDING OREGON'S MEASURE 37 AS RIGHTS WITHOUT PROPERTY A. The Text of Measure 37 B. Understanding the Measure Through the Doctrine of Capture: Excusing a Claimant From Earning a Property...

Wind power, wildlife, and the Migratory Bird Treaty Act: a way forward.
September 22, 2008... I. INTRODUCTION: EMERGENCE AND RAPID GROWTH OF MODERN WIND POWER IN THE UNITED STATES II. AVIAN AND BAT IMPACTS III. PERTINENT FEDERAL WILDLIFE LAWS IV. INCIDENTAL TAKE OF BIRDS UNDER THE MIGRATORY BIRD TREATY ACT A....

Courts and the EPA interpret NPDES general permit requirements for CAFOS.(National Pollutant Discharge Elimination System, concentrated animal feeding operations)
September 22, 2008... I. INTRODUCTION II. OBJECTIONS TO REGULATIONS AUTHORIZING DISCHARGES BY CAFOS A. Land Application of Manure B. General Permits III. MICHIGAN'S REGULATORY CHALLENGE A. Discharge Rates of a Nutrient Management Plan ...

A train without tracks: rethinking the place of law and goals in environmental and natural resources law.
September 22, 2008... I. INTRODUCTION II. NEW THINKING IN ENVIRONMENTAL AND NATURAL RESOURCES LAW A. Responding to the Scientists: Ecosystem Management 1. Ecological Foundations of Ecosystem Management 2. The Impact of the Science on...

Overly restrictive administrative records and the frustration of judicial review.
September 22, 2008... I. INTRODUCTION II. JUDICIAL REVIEW OF AGENCY DECISION MAKING A. Agency Actions Under the Administrative Procedure Act B. The "Record Rule" as Explained by the Supreme Court C. Recognized Exceptions to the Record Rule ...

Protecting water quality and salmon in the Columbia basin: the case for state certification of federal dams.
September 22, 2008... I. INTRODUCTION II. THE CLEAN WATER ACT: PURPOSE AND BASIC FRAMEWORK A. Effluent Limitations and NPDES Permits B. Water Quality Standards III. DAMS AND THE CLEAN WATER ACT A. The Gorsuch Decision: Exempting Dams from...