Law Commons^™

Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat

Washington International Law Journal

Both Japan and the United States face the ongoing threat of intentional and preventable pollution. From 1970 until the mid-1980s, Japan utilized its environmental crime laws to punish and prevent intentional and preventable acts of pollution. After this period, however, the number of environmental crime arrests and prosecutions in Japan declined. In contrast, since the 1980s, the United States has continued to expand the number of prosecutors and investigators dedicated to the enforcement of environmental crime laws. These divergent trends can be explained by the different pollution histories, enforcement personnel structures, regulatory strategies, and case law of the two countries. …

Wake-Up Call: Using The Washington Shoreline Management Act To Protect The Shorelines Of Puget Sound From High-Speed Vessel Wake Wash, Cory J. Albright

Washington Law Review

Wake wash from high-speed vessels such as the Chinook passenger ferry accelerates erosion, destroys kelp and shellfish beds, and endangers recreational boaters in Puget Sound. The Washington Shoreline Management Act (SMA) grants the Washington State Department of Ecology (DOE) and local governments authority to regulate water uses in order to protect the shoreline environment. The federal Coastal Zone Management Act echoes this policy and mandates federal-state cooperation in the development and protection of the coastal zone. Although the U.S. Coast Guard traditionally regulates vessel traffic in Puget Sound pursuant to Title I of the Ports and Waterways Safety Act, the …

All Together Now: Legal Responses To The Introduction Of Aquatic Nuisance Species In Washington Through Ballast Water, Jason R. Hamilton

Washington Law Review

Aquatic nuisance species (ANS) are a substantial threat to the global environment, causing harm to ecosystems and costing U.S. industry billions of dollars per year. To combat ANS, legal regimes are being established on the international, federal, and state levels. In some western states, advocates have proposed legislation that is more stringent than the international and federal legal regimes' voluntary ballast-water-exchange regulations. This Comment argues that Washington and the United States should remain in conformity with the international legal regime and should not enact regulations calling for mandatory ballast water-exchange at this time. Instead, the U.S. Coast Guard should strengthen …

The Most Creative Moments In The History Of Environmental Law: "The Whats", William H. Rodgers, Jr.

Articles

In preparation for this symposium piece, Professor Rodgers asked a number of his colleagues active in the field of environmental law to identify what they considered to be the most creative moments in the history of environmental law. He gave no specific instructions with his request other than providing a definition of what he considered to be a creative moment: "A legal initiative that advances environmental law with a new level of analysis, new structure, or new institutional bridge. "

This article is a compilation of the numerous responses the author received. The responses formulate a detailed and informative description …

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iv), Craig H. Allen

Articles

No abstract provided.

The Myth Of The Win-Win: Misdiagnosis In The Business Of Reassembling Nature, William H. Rodgers, Jr.

Articles

This Article starts with a closer than customary look at the most serious obstacle to the ambitious campaign of environmental restoration that is the focus of this Symposium. That obstacle is the human brain.

The Article contends that human cognitive processes are marvelous designers of serviceable self-deceptions. In the war on nature that we witnessed in the twentieth century the most functional of these is the firm belief in a non-zero sum world. This is the conviction that gains from economic development could be enjoyed without sacrifice of the natural world.

This is a convenient, powerful, and serviceable myth although …