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Articles 121 - 144 of 144
Full-Text Articles in Law
Regulation Of Wetlands In Western Washington Under The Growth Management Act, Alison Moss, Beverlee E. Silva
Regulation Of Wetlands In Western Washington Under The Growth Management Act, Alison Moss, Beverlee E. Silva
Seattle University Law Review
Wetlands protection has long been an important issue in the central Puget Sound. With the passage of the Growth Management Act (GMA), all counties and cities within the state are now required to adopt regulations "protecting" critical areas, including wetlands. This requirement furthers the GMA's environmental goal to "[p]rotect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." This Article will explore these and related issues arising under the wetlands regulatory scheme in Washington following the adoption of the GMA. It will show how this complex, multi-layered regulation scheme …
The Protection Of Wildlife Under Washington's Growth Management Act, Alan D. Copsey
The Protection Of Wildlife Under Washington's Growth Management Act, Alan D. Copsey
Seattle University Law Review
Will critical areas and resource lands, as implemented under the GMA, effectively contribute to the conservation of wildlife and wildlife habitat in Washington? The remainder of this Article will address that question. First, this Article briefly describes some aspects of biological diversity that must be understood before proceeding further. Second, it sets forth several central principles from modern conservation biology that are essential for maintaining habitat integrity and species viability and considers their applicability to critical areas and resource lands, as defined by the GMA. Third, it explains how these principles could be used to identify and protect habitat remnants …
Is The Growth Management Act Working? A Survey Of Resource Lands And Critical Areas Development Regulations, Gary Pivo
Seattle University Law Review
Section II of this Article begins with a summary of Washington's statutory requirements for both local resource land and critical area development regulations. Section II then reviews the circumstances under which those regulations have been adopted. Section III describes the methods used by the research team to collect and evaluate those regulations. Section IV examines whether Washington counties and cities have met their adoption deadlines. Section V describes the general approaches being taken for meeting those requirements. Section VI compares the regulations to one another in order to judge their consistency and relative restrictiveness throughout Washington. Section VII looks at …
Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis
Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis
Seattle University Law Review
This Article begins with an overview of the GMA. It then proceeds with a summary of recent case law under the Takings Clause and substantive due process doctrine. After laying this groundwork, this Article focuses on four particular areas of growth management control and explores how local legislation implementing these areas of control would be analyzed under the Takings Clause and substantive due process. These four areas of land use regulation include: critical area protections, resource land designations, development phasing requirements for concurrency and urban growth areas, and impact fees for public facilities and services. This Article then concludes with …
Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens
Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens
Seattle University Law Review
In light of Lucas and the recent constitutionally questionable Washington decisions, government entities charged with implementing the GMA may have a more difficult time avoiding takings liability than previously thought. Accordingly, this Article first seeks to clarify the modern takings analysis as refined by Lucas. Second, Washington takings precedent is contrasted with the federal approach and several key changes are suggested to make state law consistent with controlling federal precedent. Third, key aspects of the GMA are identified that can be expected to raise takings implications. By identifying potential trouble spots in the GMA now, hopefully some takings will …
Denying Private Attorney Fee Recovery Under Cercla: Bad Law And Bad Policy, Karen M. Mcgaffey
Denying Private Attorney Fee Recovery Under Cercla: Bad Law And Bad Policy, Karen M. Mcgaffey
Seattle University Law Review
This Article argues that the Ninth Circuit decision in Stanton Road was wrong. Section II of this Article describes the majority and dissenting opinions in Stanton Road. Section III argues that the majority misread Supreme Court precedent, leading it to adopt an excessively formalistic approach to statutory construction. It argues that the majority should have used traditional approaches to statutory construction and that those approaches would have produced a different result. Finally, the Article concludes by arguing that the Ninth Circuit's decision distorts the intent of Congress in enacting CERCLA and hinders private efforts to clean up hazardous waste.
Noah's Farce: The Regulation And Control Of Exotic Fish And Wildlife, John L. Dentler
Noah's Farce: The Regulation And Control Of Exotic Fish And Wildlife, John L. Dentler
Seattle University Law Review
This Comment examines the dangers inherent in exotic species and evaluates federal and Washington State efforts to regulate the introduction of exotic fish and wildlife. Current federal and state law is poorly equipped to prevent the introduction of harmful exotic species or remedy damages caused by them. The laws governing exotic species should be changed through (1) the enactment of more stringent laws prohibiting or regulating the introduction of exotic species, (2) statutorily created rights to recover for natural resource damage caused by the introduction of exotic species, (3) private rights of action to recover for personal injury or property …
Sepa: A Proposed Standard For Judicial Review Of Agency Decisions Not To Require Preparation Of A Supplemental Environmental Impact Statement, Lori Ann Terry
Sepa: A Proposed Standard For Judicial Review Of Agency Decisions Not To Require Preparation Of A Supplemental Environmental Impact Statement, Lori Ann Terry
Seattle University Law Review
To enable citizens opposing projects and proponents defending projects to predict more accurately the results of litigation and to discourage spurious litigation, a more definitive standard of judicial review is necessary. This Article proposes a standard of judicial review that encompasses components of both the adequacy and negative threshold standards of judicial review. The proposed standard of review discourages lawsuits that are brought merely for purposes of delay while ensuring that the agency acted reasonably in making its determination. Before this new standard can be considered, the context in which it will operate must be reviewed. Part II of this …
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Seattle University Law Review
During the past 15 years, in half the United States, more than 100 reported cases involving the public trust doctrine have had a major impact on natural resources protection. In Washington, two key cases decided in 1987 give major support to the public trust doctrine. In Caminiti v. Boyle, the court affirmed that the public trust doctrine is the law of this state and always has been. In Orion Corporation v. State, the court upheld the classification of private tidelands as open space and stated that classification that prohibits fill for residential housing and development raises no constitutional …
Preserving Rural Gas Stations: State Financial Assistance For Underground Petroleum Storage Tanks, John S. Conniff, Charles G. Gavigan
Preserving Rural Gas Stations: State Financial Assistance For Underground Petroleum Storage Tanks, John S. Conniff, Charles G. Gavigan
Seattle University Law Review
This Article briefly reviews environmental regulations requiring the upgrading of Underground Storage Tankss, analyzes the development and implementation of the new financial assistance program, and considers the constitutionality of the program in light of state ing of credit prohibitions.
Boeing Co. V. Aetna Casualty & Surety Co.: Cercla Response Costs Covered "As Damages" Under Comprehensive General Liability Insurance Policies , Kimberly A. Richter
Boeing Co. V. Aetna Casualty & Surety Co.: Cercla Response Costs Covered "As Damages" Under Comprehensive General Liability Insurance Policies , Kimberly A. Richter
Seattle University Law Review
This Comment will examine the CERCLA provisions that empower the government to clean up dangerous hazardous waste sites and to seek reimbursement of clean-up costs from polluters. It will then outline the standard provisions of CGL policies, which require insurers to indemnify insureds for all costs incurred "as damages" under the terms of the policy. Next, the Comment will set forth the two primary methods of interpretation employed by courts to determine whether CERCLA response costs are covered damages under CGL policies. The Comment will then set forth Washington law which provided the foundation for the Washington Supreme Court's decision …
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 …
The Public Trust Doctrine In Washington, A. Reid Allison Iii
The Public Trust Doctrine In Washington, A. Reid Allison Iii
Seattle University Law Review
This Article addresses questions of resource allocation and property rights, first, by presenting a brief description of the historical and legal foundation of coastal resource allocation in the United States: the “public trust doctrine.” Second, a survey of the Washington experience demonstrates, surprisingly, that a state whose 2,337 miles of marine coastline approximately equals the length of the entire remaining coastline of the contiguous western United States, has managed to establish a viable and responsive regulatory regime governing coastal resource use with scarcely a mention in its laws of the “public trust doctrine.”
Substantive Decision-Making Under The Washington Shoreline Management Act, William H. Chapman
Substantive Decision-Making Under The Washington Shoreline Management Act, William H. Chapman
Seattle University Law Review
The specific purposes of this Article are twofold: first, an analysis of the SMA is set forth and then used in simple statistical comparisons to evaluate decisions rendered by local governments, superior courts, and the Shorelines Hearings Board (SHB) during the period 1974-1983; second, to present a numerical model that represents the verbal interpretation of the SMA with a simple arithmetical equation using weighted variables. These variables correspond to objectives identified in interpretations of the SMA. Decisions of the SHB and appellate courts during this period are explained in a statistical manner through use of the model. Neither computer7 nor …
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Seattle University Law Review
A recent decision by the Washington State Supreme Court, Miotke v. City of Spokane, may broadly affect the right to and type of recovery that will be available to persons whose property rights are infringed either by an agent of the state or by private parties. Miotke involved the dumping of untreated sewage into a river, with the sewage flowing into a lake and interfering with lakefront property owners' enjoyment of their property. The court in Miotke faced a set of claims in property, tort, and state environmental law. The court recognized the significance of its decision and the …
Book Review: Backyard Wilderness, John C. Bjorkman
Book Review: Backyard Wilderness, John C. Bjorkman
Seattle University Law Review
This book review examines David Knibb's Backyard Wilderness.
The Washington Forest Practices Act: When Is Compliance With Sepa Required?, Christine M. Cordes
The Washington Forest Practices Act: When Is Compliance With Sepa Required?, Christine M. Cordes
Seattle University Law Review
This comment analyzes the problems created by the Forest Practices Act’s scheme for environmental review. First, the comment examines the statutory definitions of the forest practices classes, determining which forest practice classes are within the scope of SEPA review under the FPA. Second, the comment discusses the effect of the 1981 State Environmental Policy Act amendment on the types of forest practices exempt from SEPA. The comment further points out the failure of the existing forest practices regulations to achieve the policy balance required by the FPA. The comment’s conclusion is two-fold: the Classic “U” holding best represents the legislature’s …
Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie
Seattle University Law Review
This article discusses how the Pacific Northwest Electric Power Planning and Conservation Act may affect the region's choice of resources to construct. Potential choices range from conventional resources such as coal and nuclear to renewable resources such as geothermal, biomass, wave, tidal, solar, and wind. In addition, conservation and cogeneration are now viable energy alternatives. This discussion focuses on PNEPPCA's resource acquisition priority scheme and provides an overview of the incentives and disincentives which may influence the resource selection process. Rather than predicting which resources the region's utilities may ultimately construct, this article analyzes the legal barriers proponents of particular …
The Pacific Northwest Electric Power Planning And Conservation (And Thermal Power Plant Relief) Act, Ralph Cavanagh
The Pacific Northwest Electric Power Planning And Conservation (And Thermal Power Plant Relief) Act, Ralph Cavanagh
Seattle University Law Review
Supporters of the proposed Pacific Northwest Electric Power Planning and Conservation Act have not produced satisfactory answers to two fundamental questions. First, why does the region require significant new incentives for the construction of nuclear and coal-fired power plants? Second, why must Congress link urgently needed encouragement of conservation and renewable energy measures to the creation of such incentives?
The Pacific Northwest Electric Power Planning And Conservation Act-Solution For A Regional Dilemma, Henry M. Jackson
The Pacific Northwest Electric Power Planning And Conservation Act-Solution For A Regional Dilemma, Henry M. Jackson
Seattle University Law Review
For the past four decades, the Bonneville Power Administration(BPA) has played a singular and powerful role in developing the Northwest regional electric power system, and indirectly in the regional economy that system supports. The federal government's decision during the first half of this century to develop multi-purpose water resource projects led to the construction of many dams, most of them in the Western United States, most built since the mid-1930s, and most including hydroelectric generation. As we enter the 1980s, fundamental changes have occurred. Historically, BPA has had sufficient resources to sell power to any utility or other customer in …
Judicial Predictability In United States Supreme Court Advocacy: An Analysis Of The Oral Argument In Tennessee Valley Authority V. Hill, Donald S. Cohen
Judicial Predictability In United States Supreme Court Advocacy: An Analysis Of The Oral Argument In Tennessee Valley Authority V. Hill, Donald S. Cohen
Seattle University Law Review
This article will analyze the transcript of oral argument in Tennessee Valley Authority v. Hill and compare and contrast the apparent predispositions of the Justices as evidenced by their inquiries and remarks at the Supreme Court hearing with the positions ultimately taken by them. In this connection, the article will evaluate the hypothesis that several of the Justices assumed specific roles during the argument based upon their predispositions concerning the substantive issues involved. Last, some general observations concerning predictability of Supreme Court decisions based upon oral argument interchange will be made.
Constitutional Preemption Of State Laws Against Massive Oil Spills, Arval A. Morris
Constitutional Preemption Of State Laws Against Massive Oil Spills, Arval A. Morris
Seattle University Law Review
Oil spills, the Supreme Court has declared, are "an insidious form of pollution of vast concern to every coastal city or port and to all the estuaries on which life of the ocean and the lives of the coastal people are greatly dependent." In light of this declaration, the purposes of this article are to assess the validity of the federal court's decision preempting Washington's Tanker Pollution Law, and to comment generally on whether, consistent with the evolved preemption doctrine, coastal states can protect themselves from deleterious oil spills by enacting preventive rather than deterrent measures.