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Full-Text Articles in Environmental Law
Salmon On The Brink: The Imperative Of Integrating Environmental Standards And Review On An Ecosystem Scale, Dianne K. Conway, Daniel S. Evans
Salmon On The Brink: The Imperative Of Integrating Environmental Standards And Review On An Ecosystem Scale, Dianne K. Conway, Daniel S. Evans
Seattle University Law Review
This Article examines the interplay between the Clean Water Act and Endangered Species Act, the necessity of applying these statutes under an ecosystem or watershed based model, and the need to coordinate and integrate standards and review processes under the acts. The concept of watershed management is summarized in Part II, and Part III gives a brief overview of the two statutes and their implementation. Part IV focuses on the opportunities for, and necessity of, streamlining and integrating the standards and review under the two statutes to support the integrated, place-based, management model envisioned by a watershed approach. We conclude …
The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim
The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim
Seattle University Law Review
This Comment will focus on the current problems of the ESA and suggest how the ESA can be rewritten to accommodate both environmental and private property interests. Section I will discuss procedure under the ESA. In Section II, the Comment examines the controversial "harm" definition frequently arising in ESA litigation. In Section III, the Comment will dispel the myth that the ESA is currently operating as originally intended and will discuss the reasons why private property owners criticize the current ESA. Section IV will examine a proposal for reauthorizing the ESA written by Senator Dirk Kempthorne (R-Idaho) that Congress failed …
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.