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Washington Journal of Environmental Law & Policy

2015

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Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin Jun 2015

Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin

Washington Journal of Environmental Law & Policy

The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) provides the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances. Subpart J of the NCP governs the use of chemical agents to control oil discharges, setting forth the criteria for listing an agent on the Product Schedule—a list of the dispersants and other spill-mitigating substances that responders may use in carrying out the NCP. Dispersants are chemical agents that emulsify and disperse oil into the water column. The Environmental Protection Agency (EPA) last amended Subpart J in September 1994. In …


Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin Jun 2015

Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin

Washington Journal of Environmental Law & Policy

The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) provides the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances. Subpart J of the NCP governs the use of chemical agents to control oil discharges, setting forth the criteria for listing an agent on the Product Schedule—a list of the dispersants and other spill-mitigating substances that responders may use in carrying out the NCP. Dispersants are chemical agents that emulsify and disperse oil into the water column. The Environmental Protection Agency (EPA) last amended Subpart J in September 1994. In …


Arctic Law & Policy Year In Review: 2014, Arctic Law & Policy Institute, University Of Washington Jun 2015

Arctic Law & Policy Year In Review: 2014, Arctic Law & Policy Institute, University Of Washington

Washington Journal of Environmental Law & Policy

A categorized review of major developments, with background information and current events.


The Failure Of Washington's Fish Consumption Rate: How It Affects Residents, The Economy, And The Environmental Protection Agency, Jenna Zwang Jan 2015

The Failure Of Washington's Fish Consumption Rate: How It Affects Residents, The Economy, And The Environmental Protection Agency, Jenna Zwang

Washington Journal of Environmental Law & Policy

Washington’s fish consumption rate has remained unchanged since the 1980s, and now environmental groups are calling foul. While abiding by the State’s current rate, which is one of the lowest consumption rates in the nation, Washington industries are able to dump higher levels of carcinogenic materials into local waterways. However, the health risks that these toxic chemicals pose to Washington residents may pose liability issues for the state if the rate is not effectively changed. Washington has begun looking towards neighboring Oregon as a model for reframing the fish consumption rate discussion, but their proposal does not go far enough.


The Struggle Over The Columbia River Gorge: Establishing And Governing The Country's Largest Scenic Area, Michael C. Blumm, Nathan J. Baker Jan 2015

The Struggle Over The Columbia River Gorge: Establishing And Governing The Country's Largest Scenic Area, Michael C. Blumm, Nathan J. Baker

Washington Journal of Environmental Law & Policy

This review first considers the historical conditions that coalesced in the late 1970s into the movement calling for federal protection of the Gorge. It then discusses the unlikely and convoluted scenario in which Congress passed and President Ronald Reagan signed into law the Columbia River Gorge National Scenic Area Act in 1986.14 The review then turns to the institutions responsible for implementing the statute: the bi-state Columbia River Gorge Commission; the U.S. Forest Service; six county governments; those agencies’ chief watchdog, the persistent and influential Friends of the Columbia Gorge; and the state legislatures, which control the Commission’s budgets. It …


Wilderness: Good For Alaska. Legal And Economic Perspectives On Alaska's Wilderness, E. Barrett Ristroph, Anwar Hussain Jan 2015

Wilderness: Good For Alaska. Legal And Economic Perspectives On Alaska's Wilderness, E. Barrett Ristroph, Anwar Hussain

Washington Journal of Environmental Law & Policy

This article addresses the legal framework for Wilderness in Alaska, which has more land within the National Wilderness Preservation System than any other state, as well as the economic impacts and valuation of wildlands. Wilderness management in Alaska is subject to the Alaska National Interest Lands Conservation Act, which aims to ensure that rural Alaskans can use wildlife resources to sustain customary and traditional ways of life. The values of Wilderness range from direct economic benefits and revenue generated from recreation to passive values that are measured by the public’s willingness to pay for preservation. While there are challenges to …


Making 'Conservation' Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long Jan 2015

Making 'Conservation' Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long

Washington Journal of Environmental Law & Policy

During the New Deal, as part of a larger effort implementing Progressive-Era “conservation” regimes, the federal government authorized the structurally-invasive Flood Control Act of 1936. At the same time, the Standard State Soil Conservation Districts Law promoted the creation of local, place-based efforts to protect or restore locally-valued resources. “Conservation” thus came to signify both the invasive, structural, engineering approach of mid-20th Century flood control, and the local, more responsive and flexible nature of soil conservation districts. But our understandings of our place in the natural world have changed subtly but significantly over the past century. Any legitimate natural resource …


Washington Environmental Law In Review, Robert Sykes Jan 2015

Washington Environmental Law In Review, Robert Sykes

Washington Journal of Environmental Law & Policy

This annual publication from the Washington Journal of Environmental Law & Policy provides a summary of recent developments in Washington State environmental law. This Year in Review summarizes laws passed during the 2013-2014 legislative session and environmental case law decided the Washington State Supreme Court from late 2013 to late 2014. The court and legislature addressed several important environmental issues this year, including timber and water rights, renewable energy, air quality, and agency reporting requirements. The author reviewed these developments in Washington environmental law and summarized those determined to be most significant. All agencies referred to are Washington agencies. The …