Environmental Law Commons^™

Micro-Housing: Seattle’S Contradictory Approach To Affordable, Sustainable Housing, Nick Quijas

Seattle Journal of Environmental Law

Seattle, along with many other cities, is facing a housing crisis the likes of which it hasn't seen in at least half a century. A lack of affordable housing is exacerbating a homelessness crisis, and is arguably contributing to sprawl. In the face of all of this, Seattle has allowed one of the densest housing options to become economically unfeasible to build at an affordable rate.

Addressing The Prior Appropriation Doctrine In The Shadow Of Climate Change And The Paris Climate Agreement, Kait Schilling

Seattle Journal of Environmental Law

Climate change is the new lens through which the world needs to view water. Such a viewpoint is prudent, as the western United States is in a state of water scarcity that requires a reevaluation of how fresh water resources are being used. Western states have entrenched themselves in a system of prior appropriation that ensures senior water users retain priority over, and protection from the impacts of, new water users. Unfortunately, allocating new water rights under prior appropriation has become difficult as streams are increasingly fully appropriated with no new water rights allocations available. Climate change is exacerbating this …

The Controversy Over Permit-Exempt Wells In Washington, Jean O. Melious

Seattle Journal of Environmental Law

In a groundbreaking 2016 decision commonly referred to as the Hirst decision, the Washington State Supreme Court recognized the interrelationship between land use and water use. The Court held that the state’s Growth Management Act required local governments to protect water resources through measures ensuring that new development would not deprive senior water users of their water rights. The decision focused on development relying on permit-exempt wells. Permit-exempt wells reflect a pioneer mentality that encourages dispersed development by allowing rural property owners and developers to appropriate water without obtaining a permit. Permit-exempt wells are subject to the state law of …

Empowering Consumers And Investors To Choose A Sustainable Future, Olivier Jamin

Seattle Journal of Environmental Law

Compelled commercial disclosures have been an increasingly hot topic over the last few years, as illustrated by the GMO labeling controversy, finally enacted into law in August 2016. Typically, judicial challenges to such disclosure represent a clash between two distinct interests: the consumers’ “right to know” against companies’ freedom of speech under the First Amendment of the United States Constitution. Establishing a clear test to analyze the constitutionality of compelled commercial disclosures has proven difficult because of the Supreme Court’s confusing jurisprudence with regard to this issue.

This article aims at promoting two ideas. First, it seeks to refine the …

Agriculture, Water Pollution, And The Future Of Epa’S Regulatory Authority In A Post-American Farm Bureau Federation V. U.S. Epa America, Henry Brudney

Seattle Journal of Environmental Law

Until the recent decision of American Farm Bureau Federation v. U.S. EPA, the EPA’s total maximum daily load (TMDL) regulation under the Clean Water Act contained no substantive standard for water quality. However, in this decision, the Third Circuit added such substantive criteria to the TMDL, which should have a monumental effect on the improvement of water quality standards in the United States.