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Articles 1 - 8 of 8
Full-Text Articles in Law
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Faculty Articles
Salmon are perhaps the quintessential indicator species for water quality, as they require both sufficient quality and quantity to migrate and spawn. Columbia Basin salmon have been listed under the Endangered Species Act (ESA) for over a quarter-century in large part due to inadequate water flows and poor water quality. A half-century ago, long before the listings, the modern Clean Water Act promised fishable waters. This article explains that this is a promise largely unkept due to implementing agencies’ evasion and disinterest. Recent litigation, however, offers some hope that the statute may yet provide a viable path towards protecting and …
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Faculty Articles
Salmon are perhaps the quintessential indicator species for water quality, as they require both sufficient quality and quantity to migrate and spawn. Columbia Basin salmon have been listed under the Endangered Species Act (ESA) for over a quarter-century in large part due to inadequate water flows and poor water quality. A half-century ago, long before the listings, the modern Clean Water Act promised fishable waters. This article explains that this is a promise largely unkept due to implementing agencies’ evasion and disinterest. Recent litigation, however, offers some hope that the statute may yet provide a viable path towards protecting and …
Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm
Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm
Faculty Articles
For most of its four-decade history, section 404(c) of the Clean Water Act could have been considered to be a sleeper provision of environmental law. The proviso authorizes the U.S. Environmental Protection Agency (EPA) overrule permits for discharges of dredged or fill material issued by the U.S. Army Corps of Engineers (Corps) where necessary to ensure protection of fish and wildlife habitat, municipal water supplies, and recreational areas against unacceptable adverse effects. This authority of one federal agency to veto the decisions of another federal agency is quite unusual, perhaps unprecedented in environmental law. The exceptional nature of section 404(c) …
The Underappreciated Role Of The National Environmental Policy Act In Wilderness Designation And Management, Michael Blumm, Lorena Wisehart
The Underappreciated Role Of The National Environmental Policy Act In Wilderness Designation And Management, Michael Blumm, Lorena Wisehart
Faculty Articles
On its 50th anniversary, the Wilderness Act owes much to the effect of the National Environmental Policy Act (NEPA), both in terms of the number of acres in the national wilderness system and in the management of designated wilderness areas. Courts have closely scrutinized federal land management agency actions that threaten wilderness qualities — and this article maintains that the usual vehicle has been NEPA. Enacted a little over a half-decade after the Wilderness Act, NEPA was instrumental in the doubling of wilderness acres in the 1980s, as Congress added wilderness areas and released other areas to multiple uses in …
Federal Wild Lands Policy In The Twenty-First Century: What A Long, Strange Trip It's Been, Michael Blumm, Andrew B. Erickson
Federal Wild Lands Policy In The Twenty-First Century: What A Long, Strange Trip It's Been, Michael Blumm, Andrew B. Erickson
Faculty Articles
The protection of federally owned wild lands, including but not limited to designated wilderness areas, has long been a cardinal element of the American character. For a variety of reasons, designating wild lands for protection under the Wilderness Act has proved difficult, increasingly so in recent years. Thus, attention has focused on undesignated wild lands, that is, unroaded areas managed by the principal federal land managers, the U.S. Forest Service and the Bureau of Land Management (BLM). These areas can benefit from a kind of de facto protected status if they are Forest Service areas that have been inventoried for …
The Past As Prologue To The Present: Managing The Oregon And California Forest Lands, Michael Blumm, Tim Wigington
The Past As Prologue To The Present: Managing The Oregon And California Forest Lands, Michael Blumm, Tim Wigington
Faculty Articles
This article is a brief review of the convoluted history of what are known as the Oregon and California forest lands, federal lands that were once the subject of a 19th century federal railroad grant, then became the focus of widespread land fraud and official corruption, which led to the Supreme Court halting land sales and Congress taking back the lands, situated in eighteen Oregon counties. Federal management of the lands in the 20th century emphasized timber harvesting, and this dominant use of the lands led to environmental lawsuits and the Endangered Species Act listing of the northern spotted owl …
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael Blumm, Kya Marienfeld
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael Blumm, Kya Marienfeld
Faculty Articles
The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently ended a long period of denial by conceding that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions causing the listings. In this article, we explain those decisions — involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse — and their …
Electronic Surveillance Of Terrorism: The Intelligence/Law Enforcement Dilemma - A History, William Funk
Electronic Surveillance Of Terrorism: The Intelligence/Law Enforcement Dilemma - A History, William Funk
Faculty Articles
The Foreign Intelligence Surveillance Act (FISA) has been much in the news. Because the requirements for a judicial warrant under FISA do not require the traditional showings for electronic surveillance for law enforcement purposes, one of the issues relating to EISA is the extent to which surveillance under that Act may be undertaken for the purposes of criminal law enforcement, rather than for obtaining foreign counterintelligence or counterterrorism information. This issue became particularly salient after 9/11 when at the administration's urging Congress passed an amendment to KISA in the USA PATRIOT Act that eliminated the previous requirement that "the purpose" …