Law Commons^™

Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood

American Indian Law Journal

As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting …

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …

Are We Out Of The Woods Yet? Arctic Leasing Reform In The Trump Administration, Jonathan Schirmer

Seattle University Law Review

This Note examines the main statutes governing the Outer Continental Shelf (OCS) leasing process, including their interpretation by the courts. The interests of affected states and indigenous people, as well as how courts have minimized these voices will be explored, focusing on the state of Alaska. Finally, this Note argues for statutory reform as well as a change in the leasing process to increase state and indigenous participation.

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 …

Freshwater Reservoirs: Global Warming’S Best Kept Secret, Beau Baily

Seattle Journal of Environmental Law

Fresh water reservoir construction involves the decomposition of plants that were previously able to absorb greenhouse gas and prevent its release into the atmosphere. With these plants no longer able to absorb greenhouse gas, it is released into the atmosphere, making freshwater reservoirs a source of global warming. Due to an increasing demand for clean energy, countries are planning and constructing dams at unprecedented rates. With dams come reservoirs. While hydroelectric energy is clean energy, the methods used to harness that clean energy create environmental problems that contribute to global warming. Ironically, this hydroelectric boom could do more harm than …

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 …