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Full-Text Articles in Law
Financial Responsibility Assistance For Underground Storage Tanks: Can Washington State Run A Pollution Reinsurance Company?, John S. Conniff
Financial Responsibility Assistance For Underground Storage Tanks: Can Washington State Run A Pollution Reinsurance Company?, John S. Conniff
Seattle University Law Review
This Article reviews Washington state efforts to create a state financial responsibility assurance program; it analyzes EPA financial responsibility regulations; it examines the risks associated with insuring underground petroleum storage tanks; and it assesses the problems and merits of the state pollution liability insurance program as a potential solution to owner and operator financial responsibility needs. The Article concludes that the Washington program reflects the best efforts of the legislature to compromise the competing interests of the public, owners and operators of USTs, and environmental groups. If pollution insurers bargain in good faith with the state, the program will succeed …
Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce
Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce
Seattle University Law Review
This Comment seeks to answer the question raised by West Main II and Cougar Mountain of what procedural processes and substantive policies may be used in SEPA-based denials. After examining the nature of substantive SEPA authority and the relationship between substantive SEPA and Washington's vested rights doctrine, the Comment will discuss West Main II and Cougar Mountain and will argue that the two cases are consistent. It will then provide an informative assessment of the current limits of substantive SEPA authority. The Comment concludes by suggesting the following legislative or judicial changes in SEPA law: earlier vesting of SEPA policies, …
Balancing Power Costs And Fisheries Values Under The Northwest Power Act, Michael B. Early, Egil Krogh
Balancing Power Costs And Fisheries Values Under The Northwest Power Act, Michael B. Early, Egil Krogh
Seattle University Law Review
In addressing the anadromous fisheries resource affected by hydroelectric facilities in the Columbia River Basin, Congress directed that the Pacific Northwest Electric Power and Conservation Planning Council (Council) balance the values of this resource with the need for an economical electric power supply. The central thesis of this Article is that Congress, in the Northwest Power Act, required that appropriate mitigation measures for the fisheries resource shall be determined by balancing the fisheries values that would be achieved against the costs that would be incurred by electric power consumers. While some commentators have urged that an appropriate balancing does not …