Law Commons^™

Free Willy: A Breach To Rejuvenate The Southern Resident Killer Whale, Luke Mcdonough

Seattle Journal of Technology, Environmental & Innovation Law

State and federal government entities have made great strides in environmental protection since the inception of the Environmental Protection Agency and the enactment of major environmental regulations. However, species worldwide continue to face threats of extinction due to human activity and climate change without prompt, major intervention. In Washington state, the iconic Southern Resident Killer Whale has seen a dramatic decrease in population since the 1960s. Protections directed for their benefit have not provided the expected return as the main challenges Southern Residents face remain largely unresolved. To restore the Southern Residents’ population for future generations, their entire ecosystem must …

Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler

Pace Environmental Law Review

The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management …

The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law, Charles Wilkinson

Publications

Judge Belloni’s decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt’s subsequent decision in United States v. Washington and the Passenger Vessel ruling by the Supreme Court affirming Judge Boldt. I’m one who has been guilty of that.

We now can see that United States v. Oregon was the breakthrough. In those early days, Judge Belloni showed deep understanding of the two …

The Health Of Migrant Farmworkers In The Pacific Northwest: Access, Quality, And Health Disparities, Marleny Silva

Global Honors Theses

The health and well-being of migrant farmworkers have been neglected in the U.S. despite the prevalent reliance on undocumented foreign labor to fill the needs of the agricultural industry. In 1942, the U.S. signed a bilateral agreement with Mexico which allowed the recruitment of Mexican workers for temporary work in U.S. fields until the end of the program in 1964. This program contributed to the increase of Mexican migration even after its termination and reaffirmed our nation’s dependence on migrant farm workers, both documented and undocumented. Due to their undocumented status, undocumented migrant farmworkers experience neglect, dehumanization, and criminalization that …

The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely

Seattle University Law Review

This Note identifies how the Pacific Northwest Emergency Management Arrangement member states of Alaska, Idaho, Oregon, and Washington apply tort liability and immunity to medical professionals during times of disaster. This Note also identifies an example statutory scheme that, if enacted, will provide equal protection to all physicians who provide care to disaster victims, regardless of their local or out-of-state status.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

They Had Nothing, Charles Wilkinson

Publications

No abstract provided.

Immigrant Labor In Fish Processing In The Pacific Northwest And British Columbia And Current Undocumented Labor, Adi D. Salinas Ferreira

Pomona Senior Theses

The beginning of industrialized fish processing plants reveals themes of labor exploitation, racial and gender segregation, and antagonistic legislation that have continued well into the present. Today in the Pacific North West, the majority of workers are Latino and many among them are undocumented or DACAmented. Many aspects of the work conditions in salmon canneries back in the late 1800’s to the mid 1900’s and the work conditions in present day fish processing plants have not changed. Many jobs in a fish processing plant remain gendered, and when there is more than one race working in a single plant racial …

Slides: Regional Energy-Water Resilience Under Climate Change, Bonnie G. Colby

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona

24 slides

Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Russell W. Busch, Attorney for the Lower Elwha Klallam Tribe

10 pages.

Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

7 pages.

"Steve Bailey, National Center for Atmospheric Research"

Either/Or? Will Climate Change Force A Choice Between Salmon And Electricity In The Northwest?, John M. Volkman

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

12 pages and 16 slides

Includes bibliographical references

"John M. Volkman, Partner, Stoel Rives LLP, Portland, Oregon"

Climate Change And The Rio Grande: Throwing Gasoline On A Fire, Denise Fort

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

4 pages.

"Summary"

"Professor Denise Fort, University of New Mexico School of Law"

Slides: Balancing Drought And Flood In The Pacific Northwest: The Challenge Of Climate Change, Doug Mcchesney

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

1 page "Abstract" and 36 slides

"Doug McChesney, Manager, Policy and Planning Section, Washington Department of Ecology"

Slides: Noaa’S Applied Research And Risa, Harvey Hill

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Harvey Hill, Program Manager, Regional Integrated Sciences and Assessments Program (RISA), National Oceanic and Atmospheric Association (NOAA), Office of Global Programs

19 slides

Preparing For Climatic Change: The Water, Salmon, And Forests Of The Pacific Northwest, Philip W. Mote, Edward A. Parson, Alan F. Hamlet, William S. Keeton, Dennis Lettenmaier, Nathan Mantua, Edward L. Miles, David W. Peterson, David L. Peterson, Richard Slaughter, Amy K. Snover

Articles

The impacts of year-to-year and decade-to-decade climatic variations on some of the Pacific Northwest’s key natural resources can be quantified to estimate sensitivity to regional climatic changes expected as part of anthropogenic global climatic change. Warmer, drier years, often associated with El Niño events and/or the warm phase of the Pacific Decadal Oscillation, tend to be associated with below-average snowpack, streamflow, and flood risk, below-average salmon survival, below-average forest growth, and above-average risk of forest fire. During the 20th century, the region experienced a warming of 0.8 ◦C. Using output from eight climate models, we project a further warming of …

Removing Dam Development To Recover Columbia Basin Treaty Protected Salmon Economies, Rollie Wilson

American Indian Law Review

No abstract provided.

Water, Growth And The Endangered Species Act, Holly Doremus

Water and Growth in the West (Summer Conference, June 7-9)

24 pages.

Of Dams And Salmon In The Columbia/Snake Basin: Did You Ever Have To Make Up Your Mind?, Don B. Miller

Dams: Water and Power in the New West (Summer Conference, June 2-4)

106 pages (includes illustrations and maps).

Contains 4 pages of references.

Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection: A Response, Bill Mcewan

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains footnotes.

A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman

Sustainable Use of the West's Water (Summer Conference, June 12-14)

47 pages.

Contains footnotes.

A Great Loneliness Of Spirit, Charles F. Wilkinson

Publications

No abstract provided.

Developments And Trends In Fiber Supply: Implications For The Northwest’S Forest Products Industry, James C. Geisinger

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

7 pages (includes illustrations).

Fisheries Management In The Regional And International Contexts: Columbia River Basin, Howard G. Arnett

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

7 pages.

Contains references.

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …

Constitutional Restraints On Protecting State Interests In Water Rights, Charles E. Corker

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

33 pages.

Contains references.

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Publications

No abstract provided.