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Articles 61 - 75 of 75
Full-Text Articles in Law
The Washington Environmental Policy Act, William H. Rodgers Jr.
The Washington Environmental Policy Act, William H. Rodgers Jr.
Washington Law Review
As the Washington State Environmental Policy Act of 1971 (SEPA) approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court. The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There …
Scientific Uncertainty And The National Environmental Policy Act—The Council On Environmental Quality's Regulation 40 C.F.R. Section 1502.22, Mark Reeve
Washington Law Review
The National Environmental Policy Act (NEPA) requires federal agencies to prepare Environmental Impact Statements (EIS's) for all major actions significantly affecting the environment. The EIS must disclose and evaluate alternative actions and their environmental consequences. Congress did not address the problem of scientific uncertainty when it passed NEPA. Ten years later, the Council on Environmental Quality (CEQ) tackled the issue by including section 1502.22 in its new regulations governing EIS production. The section provides that if scientific uncertainty exists but can be cured by further research the agency must do or commission the research. If the necessary research is exorbitantly …
Awards Of Attorneys' Fees To Nonprevailing Parties Under The Clean Air Act—Ruckelshaus V. Sierra Club, 103 S. Ct. 3274 (1983), Ingrid Holmlund
Awards Of Attorneys' Fees To Nonprevailing Parties Under The Clean Air Act—Ruckelshaus V. Sierra Club, 103 S. Ct. 3274 (1983), Ingrid Holmlund
Washington Law Review
The Clean Air Act (the Act) provides that in a suit for judicial review of an agency action under the Act, "the court may award costs of litigation (including reasonable attorney and expert witness fees) whenever it determines that such [an] award is appropriate." In Ruckelshaus v. Sierra Club, the United States Supreme Court held that this language permits an award of attorneys' fees only to parties who prevail on the merits. In a footnote, the Court extended its holding to sixteen other statutes with identical provisions. This Note will evaluate the soundness of the Supreme Court's holding in Ruckelshaus. …
Federalism And The Wild And Scenic Rivers Act: Now You See It, Now You Don't, Sally K. Fairfax, Barbara T. Andrews, Andrew P. Buchsbaum
Federalism And The Wild And Scenic Rivers Act: Now You See It, Now You Don't, Sally K. Fairfax, Barbara T. Andrews, Andrew P. Buchsbaum
Washington Law Review
This article investigates the proposed designation of the North Coast rivers under WSRA. It chronicles developments in the legal controversy and relates them to the larger issues of land and water management. The shifting legal framework and changing economic and political interests in the North Coast controversy are particularly enlightening to students of federalism. Lawyers are among those who may be tempted to view the North Coast controversy in terms of federal-state conflict or intergovernmental cooperation run amuck, and to view the courts as an umpire in a dispute over authority.
Environmental Regulation And Regulatory Reform, Douglas M. Costle
Environmental Regulation And Regulatory Reform, Douglas M. Costle
Washington Law Review
Regulatory relief asks the wrong question when it asks whether a regulation's benefits justify its costs. True regulatory reform asks how to make regulation fair, reasonable, and effective-that is, both efficient in spending social resources and successful in achieving compliance. Instead of simply devising new procedural burdens to impede the regulator, we ought to focus our regulatory reform efforts on finding effective ways to regulate by stimulating and rewarding industry's efficient compliance with regulation.
Environmental Law—Threshold Determination Of The State Environmental Policy Act: Washington Adopts A More Flexible Approach—Equitable Remedies: Laches Defense Restricted—Hayden V. City Of Port Townsend, 93 Wn. 2d 870, 614 P.2d 1164 (1980), Deane W. Minor
Washington Law Review
The court's rulings on the laches defense and the negative threshold determination represent significant departures from the court's previous decisions. This note will examine the changes in the court's positions and discuss the effect of these changes on future environmental litigation.
A Standard For Judicial Review Of Administrative Decisionmaking Under Sepa—Polygon Corp. V. City Of Seattle, 90 Wn. 2d 59, 578 P.2d 1309 (1978), Michael W. Elsass
A Standard For Judicial Review Of Administrative Decisionmaking Under Sepa—Polygon Corp. V. City Of Seattle, 90 Wn. 2d 59, 578 P.2d 1309 (1978), Michael W. Elsass
Washington Law Review
This note will discuss the necessity of judicial review of administrative decisions which are made after the evaluation of an EIS. The note concludes that the relatively broad standard chosen by the court is appropriate for the review of administrative decisions made under SEPA.
Environmental Law: Progress Toward A Coherent Standard For The "Threshold Determination", John C. Hammar
Environmental Law: Progress Toward A Coherent Standard For The "Threshold Determination", John C. Hammar
Washington Law Review
Washington enacted the State Environmental Policy Act (SEPA) in 1971, which required that consideration be given to environmental factors for all developments proposed by either private or public entities. The legislature delegated authority to promulgate rules for SEPA's interpretation and implementation to a specially created state agency, the Council on Environmental Policy (CEP).9 The CEP was specifically directed to detail the procedures for completion of the "threshold determination," the test to determine whether an environmental impact statement (EIS) must be prepared. Responding to this task, it issued the SEPA Guidelines in December 1975, the culmination of two years of extensive …
Environmental Law—The Requirement For An Impact Statement: A Suggested Framework For Analysis—Loveless V. Yantis, 82 Wn. 2d 754, 513 P.2d 1023 (1973); Eastlake Community Council V. Roanoke Associates, Inc., 82 Wn. 2d 475, 513 P.2d 36 (1973); Stempel V. Department Of Water Resources, 82 Wn. 2d 109, 508 P.2d 166 (1973); Juanita Bay Valley Community Association V. City Of Kirkland, 9 Wn. App. 59, 510 P.2d 1140 (1973), John D. Alkire
Washington Law Review
The EIS requirement is the most precise of SEPA's procedural commands. The EIS itself must be a formal, tangible document. Its contents should reflect intelligent, plenary environmental analysis on the part of responsible government officials. The EIS serves as both the showpiece of the developer and as a target for those opposing the project. It is, in final form, no less than an environmental transcript, providing a critical portion of the record for administrative decisionmaking and judicial review. Hence, because of its visibility and required specificity, and the importance of its role in decision-making, the EIS requirement has come to …
The Washington Shoreline Management Act Of 1971, Geoffrey Crooks
The Washington Shoreline Management Act Of 1971, Geoffrey Crooks
Washington Law Review
With approval of the Shoreline Management Act of 1971 (SMA), Washington has joined the increasing ranks of states which are attempting to influence legislatively the course of development of their coastal resources. The Washington Act, unusually broad in scope, concerns not merely "coastal" areas but also shorelines of bodies of water of virtually every description, including lakes and streams so small or so obscure as to be nameless. This article, after briefly describing the circumstances of the SMA's enactment and the prior law, examines and evaluates (to the extent possible based on two years of operation) the resource management program …
The Environmental Coordination Procedures Act Of 1973, Or Ecpa! Ecpa! Rah, Rah, Rah!!, Charles E. Corker, Richard W. Elliott
The Environmental Coordination Procedures Act Of 1973, Or Ecpa! Ecpa! Rah, Rah, Rah!!, Charles E. Corker, Richard W. Elliott
Washington Law Review
The Washington Legislature in 1973 created procedures, optional with a project developer, for centralized, coordinated processing of the permit applications which state and local government now require for a developer's use of air, water and land. The Act is entitled the Environmental Coordination Procedures Act of 1973 (ECPA), which does not become operative until January 1, 1974. Since its procedures are optional with a project's developer, there is no absolute certainty at the date this article is released for publication that ECPA's coordination will ever be utilized.
The State Environmental Policy Act Of 1971 And Its 1973 Amendments, Charles B. Roe, Jr., Charles W. Lean
The State Environmental Policy Act Of 1971 And Its 1973 Amendments, Charles B. Roe, Jr., Charles W. Lean
Washington Law Review
The intent of this article is to provide an overview of SEPA for the general practitioner. It will discuss generally the Act itself and the rapidly developing federal and state case law, and more specifically the 1973 amendments to SEPA. The article will then suggest both SEPA's shortcomings and possibilities for its improvement.
Warning: Environmental Law May Be Hazardous To The Environment, Charles B. Roe
Warning: Environmental Law May Be Hazardous To The Environment, Charles B. Roe
Washington Law Review
A book review essay considering Cases and Materials on Environmental Law, by Oscar S. Gray (1970).
Water Pollution Control In Washington, L. A. Powe, Jr.
Water Pollution Control In Washington, L. A. Powe, Jr.
Washington Law Review
Puget Sound provides a disposal site for various municipal and industrial wastes. This Comment discusses the Washington Pollution Control Commission's attempts to secure improved water quality in the area. Because the pulp industry is the largest polluter in the region,1 the Comment focuses more sharply on the Commission's activity in securing abatement from this industry.
Water Pollution Control In Washington, L. A. Powe, Jr.
Water Pollution Control In Washington, L. A. Powe, Jr.
Washington Law Review
Puget Sound provides a disposal site for various municipal and industrial wastes. This Comment discusses the Washington Pollution Control Commission's attempts to secure improved water quality in the area. Because the pulp industry is the largest polluter in the region,1 the Comment focuses more sharply on the Commission's activity in securing abatement from this industry.