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Full-Text Articles in Law
Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger E. Meiners, Bruce Yandle
Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger E. Meiners, Bruce Yandle
Washington Journal of Environmental Law & Policy
To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …
Of Hatcheries And Habitat: Old And New Conservation Assumptions In The Pacific Salmon Treaty, Paul Stanton Kibel
Of Hatcheries And Habitat: Old And New Conservation Assumptions In The Pacific Salmon Treaty, Paul Stanton Kibel
Washington Journal of Environmental Law & Policy
The 1985 Pacific Salmon Treaty between Canada and the United States was negotiated to deal with evidence that Pacific salmon stocks originating in Canada and the United States were in decline. The Pacific Salmon Treaty sought to establish total annual fishing limits for Canada and the United States that were consistent with the sustainable conservation of Pacific salmon stocks, and to base the total allowable catch for Canadian fishermen on forecasts of the total abundance of salmon. As the Pacific Salmon Treaty has been implemented, however, there has been a re-occurring pattern of annual abundance forecasts overestimating the actual abundance …
Trapped In The Goddess's Mousetrap: Equitable Solutions For Poverty Poaching Of Venus Flytraps, Katrina Outland
Trapped In The Goddess's Mousetrap: Equitable Solutions For Poverty Poaching Of Venus Flytraps, Katrina Outland
Washington Journal of Environmental Law & Policy
Most discussions of poaching—the intentional, unlawful taking or killing of a living organism—focus on animals. However, poaching is also the primary threat for many prized collectible plants. The bizarre Venus flytrap has particularly drawn media attention as North Carolina struggles to save its endemic State Carnivorous Plant from extinction. Existing federal plant protection laws are sparse and either ineffective (in the case of the Endangered Species Act) or underutilized (in the case of the Lacey Act). Traditional poaching enforcement methods, which target individual poachers with small fines, are designed for animal poaching, and fail to adequately protect plants. Not only …
Biodiversity Conservation In The National Forests, And The 2012 Planning Rule, Gordon Steinhoff
Biodiversity Conservation In The National Forests, And The 2012 Planning Rule, Gordon Steinhoff
Washington Journal of Environmental Law & Policy
The U.S. Forest Service is required to manage the national forests for multiple use, including outdoor recreation, timber production, and more recently, biodiversity conservation. National forest management plans throughout the country are currently being revised under the 2012 Planning Rule. As will be discussed, the 2012 rule provides the Agency with high levels of discretion and management flexibility. The rule does not require maintaining viable populations of all native plant and animal species. The Agency is required to conserve viable populations of “species of conservation concern,” yet the Regional Forester is granted sole discretion in designating these species. The 2012 …
Arctic Law & Policy Year In Review: 2016, Arctic Law & Policy Institute, University Of Washington
Arctic Law & Policy Year In Review: 2016, Arctic Law & Policy Institute, University Of Washington
Washington Journal of Environmental Law & Policy
According to the U.S. National Oceanic and Atmospheric Administration, with a boost by El Niño, 2016 set new records for global temperatures, capping three consecutive years of record global warming. In Alaska, for example, the average temperature was 31.9 degrees Fahrenheit — 5.9 degrees above the long-term average. The globally averaged sea surface temperature was the highest on record at 1.35° F above average. The globally averaged land surface temperature was also the highest on record at 2.57° F above average. The NOAA report records that in 2016 the Arctic experienced some of its highest air temperatures, least sea-ice (averaging …
Ocean Acidification As A Problem In Systems Thinking, Terrie Klinger, Jan Newton
Ocean Acidification As A Problem In Systems Thinking, Terrie Klinger, Jan Newton
Washington Journal of Environmental Law & Policy
The emerging problem of ocean acidification provides a clear signal that we need to think and act differently about our stewardship of the ocean, its resources, and the services it provides to society. No longer can we afford to address environmental problems in the ocean on a reductionist, case-by-case basis, because the number of problems requiring attention has grown so large that the problems now are stacked one on top of another. Moreover, many of these problems are growing rapidly; for example, the contemporary rate of ocean acidification exceeds that at any time in the past 300 million years. Nor …
"Fed" Up With Acidification: "Trusting" The Federal Government To Protect The Tulalip Tribes' Access To Shellfish Beds, Jacqueline M. Bertelsen
"Fed" Up With Acidification: "Trusting" The Federal Government To Protect The Tulalip Tribes' Access To Shellfish Beds, Jacqueline M. Bertelsen
Washington Journal of Environmental Law & Policy
Part I of this paper discusses the threat ocean acidification poses to the Tulalip Tribes’ ability to practice and preserve its way of life. Part II examines the laws and legal structures, especially the Clean Water Act, that can simultaneously protect the Tulalip Tribes’ right to harvest shellfish at “usual and accustomed” shellfish beds and the health of Puget Sound’s waters as a whole. Finally, Part III proposes actions that can be taken at the state, tribal, and federal levels. First, the Environmental Protection Agency (EPA) should develop criteria and water quality standards relevant to ocean acidification that can be …
Arctic Law & Policy Year In Review: 2014, Arctic Law & Policy Institute, University Of Washington
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.
Practical Alternatives For Silvicultural Pollution Reduction In Light Of Decker V. Nedc, Erin Anderson
Practical Alternatives For Silvicultural Pollution Reduction In Light Of Decker V. Nedc, Erin Anderson
Washington Journal of Environmental Law & Policy
Decker v. Northwest Environmental Defense Center is a recently decided Supreme Court case that originated in the forests of Oregon. Frustrated by the level of pollution in Oregon rivers that was originating from logging roads, an environmental group sued the State to enforce the Clean Water Act and require Oregon to issue National Pollutant Discharge Elimination System (NPDES) permits for the pollution. The Supreme Court held that the Environmental Protection Agency’s (EPA) decision to exclude water pollution from logging roads from NPDES permitting was entitled to deference, reversing the Ninth Circuit’s decision that such pollution required NPDES permits under the …
Making Science Useful In Complex Political And Legal Arenas: A Case For Frontloading Science In Anticipation Of Environmental Changes To Support Natural Resource Laws And Policies, Usha Varanasi
Washington Journal of Environmental Law & Policy
In the spirit of fostering interdisciplinary dialogue, the Washington Journal of Environmental Law and Policy is proud to present this Article. Professor Varanasi takes examples from her career as a fisheries scientist for the National Oceanographic and Atmospheric Administration to argue for a new model for ecological disaster planning and response, in which baseline ecosystem data is collected in advance of possible incidents so that decision-makers are empowered to make informed choices from the first stages of disaster response. She concludes by urging sustained and targeted funding for long-term ecosystem data collection to better understand various disasters’ effects on a …
Legal And Policy Implications Of The Perception Of Property Rights In Catch Shares, Mark Fina, Tyson Kade
Legal And Policy Implications Of The Perception Of Property Rights In Catch Shares, Mark Fina, Tyson Kade
Washington Journal of Environmental Law & Policy
Catch shares are a fishery management strategy under which persons are allocated exclusive access to specific portions of the total allowable catch of a fishery. Proponents of catch share management argue that these programs allow for more efficient management of annual catch limits and mitigate the negative biological and economic impacts associated with other management programs. Because of the exclusivity of their allocations, catch share programs have been characterized by their opponents as privatizing the public fisheries resource and granting catch share holders a property right to fish. However, case law suggests that a court is unlikely to conclude that …