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Articles 91 - 111 of 111
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A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick
A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick
Faculty Scholarship
In an effort to address the well-documented and serious problem of environmental justice in the United States, President William J. Clinton issued Executive Order (EO) No. 128981 on February 11, 1994. The EO represented the culmination of a century of rapid changes in society's attitudes toward the placement of hazardous facilities in poor, disadvantaged, and minority communities, as well as the denial of services to these communities. This survey examines the impact of the EO on federal agencies. Environmental justice is not a problem unique to the late 20th century. Majoritarian societies have historically discriminated against minority groups.3 For example, …
Epa At Thirty: Fairness In Environmental Protection, Eileen Gauna
Epa At Thirty: Fairness In Environmental Protection, Eileen Gauna
Faculty Scholarship
This Article looks at how EPA is managing the fairness issue in a discrete but highly charged context: permit issuances that affect heavily impacted communities. This Article first provides a discussion of how fairness-oriented reform might evolve within the permit process. This section also examines permit issuances that were appealed to the U.S. Environmental Appeals Board (EAB) on environmental justice grounds. Proceeding one step beyond environmental law, the Article looks at how EPA is responding to claims of disparate impact under Title VI of the Civil Rights Act. However, rather than focus on the intricacies of legal doctrine under Title …
Cleaning Up The Tracks: Superfund Meets Rails-To-Trails, Clifford J. Villa
Cleaning Up The Tracks: Superfund Meets Rails-To-Trails, Clifford J. Villa
Faculty Scholarship
For more than one hundred years, railroad cars rumbled and roared along tracks in the Coeur d'Alene River Basin, serving the mining industry in the Panhandle of northern Idaho. As in many parts of the American West, the history of railroads in northern Idaho largely reflects the history of mining in the region. The first gold was discovered in this area in 1883, the same year that the area saw its first line of the Northern Pacific Railroad. In 1885, the Bunker Hill mine was established near the present town of Kellogg. Four years later, the first rail line of …
Instream Flows In New Mexico, Denise D. Fort
Instream Flows In New Mexico, Denise D. Fort
Faculty Scholarship
Instream flows for fisheries, recreation and aesthetic purposes held to be a legitimate use under New Mexico's statutory regime.
Can’T Get No Satisfaction: Securing Water For Federal And Tribal Lands In The West, Reed D. Benson
Can’T Get No Satisfaction: Securing Water For Federal And Tribal Lands In The West, Reed D. Benson
Faculty Scholarship
In recent years, the western states have often struggled with the federal government over control and management of natural resources, particularly water. For its part, federal law defers to states in many matters of water resource allocation.
Intermediate Sanctions: Controlling The Tax-Exempt Organization Manager, Alex Ritchie
Intermediate Sanctions: Controlling The Tax-Exempt Organization Manager, Alex Ritchie
Faculty Scholarship
On August 4, 1988, the Department of the Treasury issued proposed intermediate sanctions regulations that allow the Internal Revenue Service to impose significant excise taxes on executives of tax-exempt organizations who receive compensation in excess of reasonable compensation or in excess of amounts that would ordinarily be paid for like services by like enterprises. Exempt organization theory holds that government provides a tax exemption to further social goals, but those goals are frustrated when management has conflicting incentives. In a for-profit entity, management and firm owners have conflicting goals when control is separated from ownership, but in a tax-exempt entity, …
Recommendations For An Environmentally Sound Federal Policy On Western Water, Reed D. Benson
Recommendations For An Environmentally Sound Federal Policy On Western Water, Reed D. Benson
Faculty Scholarship
The organizations and individuals who have produced this report have worked for years to promote environmentally sound federal policy and action with respect to water in the American West. The Western Water Policy Review Advisory Commission's (the "Commission") evaluation of these issues presents an excellent opportunity to address long-standing concerns. We believe the Commission can help advance federal policy to promote sustainable use, management and protection of western waters. We begin with a brief look at current water problems in the West from our perspective. We then identify four general priorities for the federal government: taking steps toward restoring more …
The Environmental Justice Misfit: Public Participation And The Paradigm Paradox, Eileen Gauna
The Environmental Justice Misfit: Public Participation And The Paradigm Paradox, Eileen Gauna
Faculty Scholarship
This Article argues that current administrative processes fail to effectively incorporate an important form of public participation in decision-making -- the participation by communities bearing the greatest environmental risks. This Article advocates an "environmental justice style" public participation model as a more promising approach because it calls for a recasting of the role of community participation in environmental decision-making -- a recasting which transcends traditional, modern, and proposed decision-making paradigms.Part II of this Article provides a brief history of the environmental justice movement. Part III addresses the role of the public under three models of administrative policy and decision-making: the …
Maintaining The Status Quo: Protecting Established Water Uses In The Pacific Northwest, Despite The Rules Of Prior Appropriation, Reed D. Benson
Maintaining The Status Quo: Protecting Established Water Uses In The Pacific Northwest, Despite The Rules Of Prior Appropriation, Reed D. Benson
Faculty Scholarship
Water law in the Northwest states has long been based on the well-established rules of the Prior Appropriation Doctrine. In recent years, however, the four Northwest states often have not applied these rules against existing water users. State legislatures, courts, and water resource agencies have routinely changed the rules, or refused to implement them, if doing so might curtail current uses. This Article examines the ways in which the Northwest states have maintained the water use status quo despite the traditional rules. The Article then evaluates the economic and environmental implications of state efforts to protect existing water uses, and …
Whose Water Is It? Private Rights And Public Authority Over Reclamation Project Water, Reed D. Benson
Whose Water Is It? Private Rights And Public Authority Over Reclamation Project Water, Reed D. Benson
Faculty Scholarship
The American West, for the most part, is an arid place. The average annual precipitation in the seventeen western states is twenty-one inches, but in many places is far less. Often there is too little water to go around, even in places such as Oregon that are ommonly believed to be wet.' Water is valuable everywhere because it is indispensable; it is even more precious in the West because it is scarce.
Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna
Faculty Scholarship
If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …
A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson
A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson
Faculty Scholarship
Watershed management has become a popular approach to environmental problems in the Northwest. Federal, regional, state, local, and tribal watershed efforts are in progress throughout the region. The popularity of the watershed approach can be traced to ecological and political factors. Most watershed management activities, however, focus more on land use and riparian measures than on providing and protecting instreamflows. For both legal and political reasons, watershed efforts tend to avoid water rights issues. Such efforts tend not to be well connected with instream flow protection or water resource planning under state law. Unless they address the need for streamflows, …
House Passess Unbalanced Clean Water Act, Denise D. Fort
House Passess Unbalanced Clean Water Act, Denise D. Fort
Faculty Scholarship
The Clean Water Act and the associated state statutes and regulations provide the framework for New Mexico's regulation (and nonregulation) of our rivers and streams. Both the federal and state laws need improvement if they are to work in New Mexico. As readers of The Green Fire Report well know, the "improvements" contemplated by the new Congress are unlikely to improve our water. H.R. 961, the House bill recently passed by the House, is simply unacceptable. President Clinton has indicated that he will veto the bill as passed by the House. Your efforts are needed to contact your federal legislators …
Its Time For A State Environmental Policy Act, Denise D. Fort
Its Time For A State Environmental Policy Act, Denise D. Fort
Faculty Scholarship
What single law should be the first step in protecting New Mexico's environment from the consequences of our cascading population? My nomination would go to a State Environmental Policy Act, commonly called a "state NEPA." These laws are on one level very simple, requiring only that state governments "stop and think" before taking actions with significant environmental costs. After twenty-five years of experience with the federal National Environmental Policy Act (NEPA), however, we know that a law that allows citizens input into governmental action has a profound effect on governmental action.
Federal Environmental Citizen Provisions: Obstacles And Incentives On The Road To Environmental Justice, Eileen Gauna
Federal Environmental Citizen Provisions: Obstacles And Incentives On The Road To Environmental Justice, Eileen Gauna
Faculty Scholarship
This article attempts to examine the special problems that community-based groups in low income and minority communities might encounter in prosecuting citizen suits under highly technical environmental statutes. To set the context for this inquiry, part II of this article describes the environmental justice movement and investigates the charge that communities of color are disproportionately and unjustly burdened with environmental hazards. Part II also explores the differences in perspective that underlie much of the conflict among environmental justice activists, mainstream environmental organizations, and EPA. Part II concludes with a look at social forces that have contributed to environmental inequities and …
Making A Wrong Thing Right: Ending The "Spread" Of Reclamation Project Water, Reed D. Benson, Kimberley J. Priestley
Making A Wrong Thing Right: Ending The "Spread" Of Reclamation Project Water, Reed D. Benson, Kimberley J. Priestley
Faculty Scholarship
In the Pacific Northwest, especially east of the Cascade Range, water is a limited and precious resource. Diversions of water for out-of-stream uses regularly dry up certain reaches of many rivers and streams. Such diversions provide water for municipalities, industrial users, and farmers who irrigate millions of acres in Idaho, Oregon, and Washington. Diversions also harm fish and wildlife (including threatened and endangered salmon stocks), impair recreational uses of affected waterways, and degrade water quality.
California Dreaming: Water Transfers From The Pacific Northwest, Clifford J. Villa
California Dreaming: Water Transfers From The Pacific Northwest, Clifford J. Villa
Faculty Scholarship
A prolonged drought in California has prompted renewed interest in proposals to transfer water from the Pacific Northwest, where rainfall is more plentiful, to the arid Southwest. While recent storms have obviated the need for water transfers at the present time, it is likely these proposals will resurface with the next drought. This Comment will examine past proposals, and discuss less expensive and less drastic means for satisfying the need for water in the Southwest.
Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort
Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort
Faculty Scholarship
Pending
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Faculty Scholarship
This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.
Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson
Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson
Faculty Scholarship
The Supreme Court recently held that a citizen plaintiff must make a good-faith allegation of an ongoing violation in order to bring an enforcement action under the Clean Water Act. The decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., will prevent citizens from bringing suit for the assessment of civil penalties solely for past violations of the Clean Water Act.
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
New Role For Nonparties In Tort Actions-The Empty Chair, Reed D. Benson
Faculty Scholarship
In courtroom drama, the spotlight rarely falls on an empty chair. That may change, due to a new Colorado statute allowing factfinders to consider the negligence or fault of nonparties in tort actions. The new statute may not give nonparties starring roles in every trial, but it will certainly thicken the plot.