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Full-Text Articles in Law
An Ecological, Cultural, And Legal Review Of Pacific Lamprey In The Columbia River Basin, Adam Wicks-Arshack, Matthew Dunkle, Sammy Matsaw, Christopher Caudill
An Ecological, Cultural, And Legal Review Of Pacific Lamprey In The Columbia River Basin, Adam Wicks-Arshack, Matthew Dunkle, Sammy Matsaw, Christopher Caudill
Idaho Law Review
Pacific lamprey (Entosphenus tridentatus) is an anadromous species in an ancient lineage of jawless fishes. The species is native to the North Pacific and its marine-accessible freshwater rivers and streams. Pacific lamprey are understudied relative to other anadromous fishes and has severely declined in abundance throughout the Columbia River Basin. Indigenous people of the Snake and Columbia River Basins have long recognized the ecological role and value of lamprey through their spiritual and cultural practices connected to Pacific lamprey. The combined effects of poor passage at dams, historic and continued habitat degradation, and altered marine host conditions have contributed to …
Structuring Better Caps For Sustainability Incentive Programs, Courtney Moran, Casey Ball
Structuring Better Caps For Sustainability Incentive Programs, Courtney Moran, Casey Ball
Idaho Law Review
Policymakers who are eager to promote the development and adoption of environmentally sustainable technologies too often ignore certain important regulatory principles when crafting incentive programs. Some approaches to limiting and winding down sustainability incentive programs have proven to be inefficient and unjust. Too often, the winding down process only begins when lawmakers face unpredicted budgetary constraints. This article argues that state and federal lawmakers could better promote economic efficiency and equity in sustainability-oriented policy design by more consistently adhering to the principles of gradualism, adequate notice, and respect for investment-backed expectations. Using examples of deficiencies in certain net metering program …
Transboundary Pollution And Cercla Liability: International Manufacturers' Ability To Exploit Aerial Depositions, Connor M. Callahan
Transboundary Pollution And Cercla Liability: International Manufacturers' Ability To Exploit Aerial Depositions, Connor M. Callahan
Idaho Law Review
The Trail Smelter has a long and extensive history of pollution issues. The most recent claim against the Trail Smelter is the aerial deposition of hazardous waste theory. The Ninth Circuit has rejected attaching Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability to the Trail Smelter under the aerial deposition theory, but this holding cannot be accepted if the goal is to control pollution. Many issues arise with controlling transboundary pollution, including the enforcement of international agreements on the matter. In the absence of establishing an enforceable international treaty between the United States and Canada, CERCLA presents a viable …
An Ecological Theory Of Statutory Interpretation, Nicholas S. Bryner
An Ecological Theory Of Statutory Interpretation, Nicholas S. Bryner
Idaho Law Review
Canons of construction serve as a set of ground rules that judges rely on in interpreting statutes. Substantive canons of construction, in particular, are principles and presumptions that point judges in a specific policy direction in order to serve underlying public values. Many of these substantive canons share a common justification: judges have developed them to mitigate threats of irreversible harm to vulnerable and underrepresented interests and to incentivize clarity in the legislative process. This Article argues that environmental interests—the interests of present and future generations in maintaining ecological conditions that support life—merit similar protection. Therefore, judges should employ an …