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Articles 1 - 15 of 15
Full-Text Articles in Law
The Interaction Of Federal Equitable Remedies With State Sovereignty—Puget Sound Gillnetters Association V. Moos, 88 Wn. 2d 677, 565 P.2d 1151 (1977), Bennet A. Mcconaughy
The Interaction Of Federal Equitable Remedies With State Sovereignty—Puget Sound Gillnetters Association V. Moos, 88 Wn. 2d 677, 565 P.2d 1151 (1977), Bennet A. Mcconaughy
Washington Law Review
The Washington Supreme Court held in Puget Sound Gillnetters Association v. Moos that the State Director of Fisheries did not have authority to issue regulations required by a federal court order guaranteeing treaty Indians the opportunity to catch specific percentages of various salmon runs. After attempting to act in the face of conflicting interpretations of his powers, the Director eventually bowed to the state court's determination and refused to promulgate the regulations. To implement its order, the federal court assumed control of the Washington salmon fisheries. This conflict between the federal and state court decisions raises two general questions. The …
Tennesee Valley Authority V. Hill: Protection Of Endangered Species Under Section 7 Of The Endangered Species Act Of 1973, Larry Ausherman
Tennesee Valley Authority V. Hill: Protection Of Endangered Species Under Section 7 Of The Endangered Species Act Of 1973, Larry Ausherman
Natural Resources Journal
No abstract provided.
Commerce Clause Limitations On A State's Regulation Of Waste Disposal, Charles L. Mcelwee
Commerce Clause Limitations On A State's Regulation Of Waste Disposal, Charles L. Mcelwee
Natural Resources Journal
No abstract provided.
Proposed Rules For Administering The Acreage Limitation Of Reclamation Law, Nancy Jones
Proposed Rules For Administering The Acreage Limitation Of Reclamation Law, Nancy Jones
Natural Resources Journal
No abstract provided.
Herring, Sardines, And Foreign Affairs: Determination Of Optimum Yield Under The Fishery Conservation And Management Act Of 1976—Maine V. Kreps, 563 F.2d 1043 (1st Cir.), Remanded, No. 77-45-Sd (S.D. Me. Aug. 26, 1977), Aff'd, 563 F.2d 1052 (1st Cir. 1977), William H. Beaver, Jr
Washington Law Review
This note will analyze the major issue of Maine v. Kreps, whether Secretary Kreps fulfilled the FCMA's requirements in her determination of optimum yield. This issue is discussed in two parts. First, the criteria expressed in the preliminary management plan are analyzed in light of the relevant provisions of the FCMA. Second, the inclusion of foreign policy considerations in the optimum yield calculations (a factor not discussed in the preliminary management plan) is analyzed by (1) inferring from the Maine opinion the proper use of foreign policy in management decisions, and (2) suggesting criteria which may affect the role of …
Including Geothermal Resources Within The Mineral Estate : The Need For A Statutory Rule Of Presumption
BYU Law Review
No abstract provided.
New Mexico Supreme Court Upholds Validity Of State Electrical Energy Tax, Scott A. Taylor
New Mexico Supreme Court Upholds Validity Of State Electrical Energy Tax, Scott A. Taylor
Natural Resources Journal
No abstract provided.
Standards Of Adequacy For An Eis For Off-Shore Leasing, William Moyers
Standards Of Adequacy For An Eis For Off-Shore Leasing, William Moyers
Natural Resources Journal
No abstract provided.
Emission Standards - Quantification And Liability, Sigrid Olson
Emission Standards - Quantification And Liability, Sigrid Olson
Natural Resources Journal
No abstract provided.
Intervention As It May Affect An Environmental Settlement Agreement, Barbara G. Stephenson
Intervention As It May Affect An Environmental Settlement Agreement, Barbara G. Stephenson
Natural Resources Journal
No abstract provided.
Protection Of Recreation And Scenic Beauty Under The Washington Forest Practices Act, Brian L. Hansen
Protection Of Recreation And Scenic Beauty Under The Washington Forest Practices Act, Brian L. Hansen
Washington Law Review
This comment examines Washington's failure to adequately protect recreation and scenic beauty from the adverse effects of forest practices. It first describes the Forest Practices Act, then discusses the absence of Forest Practices Board regulations protecting scenic beauty and recreation. It then analyzes the preemptive effect of the Forest Practices Act and its interrelationship with other laws and regulations such as the State Environmental Protection Act (SEPA) and SEPA guidelines, the Shoreline Management Act, and local regulations. The comment concludes that further administrative and legislative action is necessary to protect recreation and scenic beauty in Washington's forests.
Fisheries Jurisdiction And The Atlantic Salmon: Fact And Law From A Canadian Point Of View, H. Scott Fairley
Fisheries Jurisdiction And The Atlantic Salmon: Fact And Law From A Canadian Point Of View, H. Scott Fairley
Dalhousie Law Journal
Fisheries conservation has become an important if also recent concern of maritime nations with significant economic sectors heavily dependent on ocean harvests. Canada is one of these and the Atlantic salmon is certainly conspicuous among a growing number of endangered fisheries. Grossly depleted salmon runs in the Maritime Provinces once supported a burgeoning estuarial and riparine commercial fishery as well as an immensely profitable tourist industry based on sport fishing. In the past the salmon have suffered from domestic problems, chiefly pollution, for which internal remedies in the form of river clean-ups, pollution abatement and artificial inducements such as fish …
The Offshore Mineral Resources Agreement In The Maritime Provinces, Rowland J. Harrison
The Offshore Mineral Resources Agreement In The Maritime Provinces, Rowland J. Harrison
Dalhousie Law Journal
On February 1, 1977, the Prime Minister of Canada and the Premiers of Nova Scotia, New Brunswick and Prince Edward Island signed a "Memorandum of Understanding in Respect of the Administration and Management of Mineral Resources Offshore of the Maritime Provinces".' The Understanding removes a major impediment to potential development of any offshore petroleum resources of the Maritimes, after nearly ten years of federalprovincial negotiations, and more generally represents a quite unique development in Canadian constitutional relations. At the time of its execution, it was described variously as "a mile-stone in federal-regional relations ' 2 and "federalism at its best". …
The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard
The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard
University of Michigan Journal of Law Reform
This article explores the new legislative scheme as it pertains to national parklands. After outlining the history of the PSD concept, the article considers the PSD provisions and their application to national parklands. Examination of the visibility section, which rounds out the framework for preservation of parkland air resources set up in the PSD section, completes the discussion. The analysis focuses on several potential defects in the regulatory structure of the amendments, including the failure to extend immediate protection under the PSD and visibility sections to a large number of national parkland units, the somewhat unrealistic criteria chosen to define …
State Jurisdiction To Adjudicate Indian Reserved Water Rights, Jeff Taylor, Duane Birdbear
State Jurisdiction To Adjudicate Indian Reserved Water Rights, Jeff Taylor, Duane Birdbear
Natural Resources Journal
No abstract provided.