Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- NELMCC (3)
- Environmental Protection Agency (2)
- Jurisdiction (2)
- Abstention (1)
- Antidegradation (1)
-
- Appellate brief (1)
- Burford doctrine (1)
- Canada (1)
- Citizen suit (1)
- Clean Water Act (1)
- Compliance (1)
- Concurrent proceedings (1)
- Economic zone (1)
- Environmental protection (1)
- Federalism (1)
- Florida (1)
- Forest management--Law and legislation (1)
- Great Lakes (1)
- Indigenous peoples--Land tenure (1)
- Legislative interpretation (1)
- Maritime boundaries (1)
- Muscogee (Creek) Nation (1)
- Muscogee Nation (1)
- Native American Law Student Association Moot Court Competition (1)
- Oklahoma Indian Welfare Act (1)
- Primary jurisdiction (1)
- Regulation (1)
- Resource Conservation and Recovery Act (1)
- State jurisdiction (1)
- Treatment As a State status (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Aboriginal Forestry: Community Management As Opportunity And Imperative, Deborah Curran, Michael M'Gonigle
Aboriginal Forestry: Community Management As Opportunity And Imperative, Deborah Curran, Michael M'Gonigle
Osgoode Hall Law Journal
In recognition that forests are one of their greatest resources, Aboriginal peoples are considering how altered tenure arrangements might uphold traditional values, including ecological integrity, while providing economic and employment opportunities. However, the federal and provincial forest management structures have historically precluded First Nations from helping to define, and participate in, the forest industry. The authors explore the legal and regulatory basis of forest management in Canada, and assess how it facilitates or impedes Aboriginal management of traditional areas. This is done through a legislative and policy analysis, and through the use of case studies from across Canada. The authors …
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Michigan Law Review
In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …
What A Salmon Czar Might Hope For, William H. Rodgers Jr.
What A Salmon Czar Might Hope For, William H. Rodgers Jr.
Washington Law Review
Senate Bill 5595 is denominated "Salmon Recovery Funding." It is a structural and planning law. It authorizes establishment of a Salmon Recovery Funding Board that will fix criteria and allocate funds for "salmon habitat projects" and "salmon recovery activities." The projects include habitat restoration and protection; the activities include preparation of stream corridor guidelines and programmatic permitting endeavors. The Board will work from a "habitat project list" that is to be developed by a "critical pathways methodology." This approach is defined as "a project scheduling and management process for examining interactions between habitat projects and salmonid species prioritizing habitat projects, …
The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello
The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello
Washington Law Review
Salmon play a significant role in the culture, economy, and ecology of Washington State. Their threatened extinctions have led to a string of listings under the federal Endangered Species Act. This Article considers our response to these listings and the relationship of that response to federal oversight. Part I discusses how the ESA will affect the actions and activities of state and local governments and the citizens they serve. Part II discusses the need for latitude on the part of the federal agencies in assessing the value of state conservation and recovery efforts. This Article concludes that the plight of …
Truce In The Salmon War: Alternatives For The Pacific Salmon Treaty, Karol De Zwager Brown
Truce In The Salmon War: Alternatives For The Pacific Salmon Treaty, Karol De Zwager Brown
Washington Law Review
The 1985 Pacific Salmon Treaty was heralded as an end to the ongoing international dispute between the United States and Canada over Pacific salmon fishing rights. The Treaty, however, failed to define adequately the principles and processes for allocating salmon harvests between the two countries. The parties to the Treaty have been unable to reach consensus on annual salmon harvests since 1992, fueling a growing conflict which has threatened to spill over to issues beyond the fishery dispute. This Article examines the historical context of the "salmon war," highlighting changes in international law and domestic politics that affected the formation …
How Do You Learn From A River? Managing Uncertainty In Species Conservation Policy, John M. Volkman
How Do You Learn From A River? Managing Uncertainty In Species Conservation Policy, John M. Volkman
Washington Law Review
As the Puget Sound region embarks on a new chapter in the story of the Endangered Species Act, experiences with fish and wildlife restoration efforts in other locations can be instructive. This Article reviews conservation efforts in the Columbia River Basin, and it explains the major role that scientific uncertainty plays in salmon conservation efforts. This discussion describes the debate between traditional fish and wildlife management, which focuses more on individual populations and mitigation technologies, and recent scientific reports, which urge more reliance on naturally functioning rivers and watersheds. The Article also describes a variety of learning tools that have …
Salmon And The Endangered Species Act: Lessons From The Columbia Basin, Michael C. Blumm, Greg D. Corbin
Salmon And The Endangered Species Act: Lessons From The Columbia Basin, Michael C. Blumm, Greg D. Corbin
Washington Law Review
Within the last decade, the Columbia Basin, once home to the world's largest salmon runs, has witnessed numerous listings of its signature natural resource under the Endangered Species Act (ESA). These listings have propelled the ESA into the forefront of land and water use decisionmaking across a vast landscape of the Pacific Northwest This Article examines the Columbia Basin salmon listings and their aftermath. Specifically, it considers the effect of the ESA's consultation requirements on hydroelectric, hatchery, harvest, and habitat decisionmaking. The Article draws several lessons from this examination, many of them surprising, including the assertion that the listings have …
The Role Of Rights In Benefit Cost Methodology: The Example Of Salmon And Hydroelectric Dams, Richard O. Zerbe Jr., Linda J. Graham
The Role Of Rights In Benefit Cost Methodology: The Example Of Salmon And Hydroelectric Dams, Richard O. Zerbe Jr., Linda J. Graham
Washington Law Review
Benefit cost analysis is a well-established technique for assessing the impacts of proposed actions. Accurate benefit cost analysis is essential to making informed decisions through an understanding of the trade-offs involved in alternative actions. This Article presents a methodology for improving current benefit cost techniques and hence the usefulness of benefit cost analysis to decisionmakers. The proposed methodology is based on recognition of the roles of legal rights and psychological expectations in benefit cost analysis. Proper consideration of these rights and expectations is critical to an accurate determination of how benefits and costs are measured and whose interests are included …
Bench Brief: Eleventh Annual Pace National Environmental Moot Court Competition, Shelley Eccleson
Bench Brief: Eleventh Annual Pace National Environmental Moot Court Competition, Shelley Eccleson
Pace Environmental Law Review
No abstract provided.
Brief For Appellee New Union: Eleventh Annual Pace National Environmental Moot Court Competition, Patrick M. Pericak, Bill Thurston, Eric Morrow
Brief For Appellee New Union: Eleventh Annual Pace National Environmental Moot Court Competition, Patrick M. Pericak, Bill Thurston, Eric Morrow
Pace Environmental Law Review
No abstract provided.
Brief For The Appellee, Friends Of The Roaritan, Inc., Measuring Brief: Eleventh Annual Pace National Environmental Moot Court Competition, Thomas J. Cosgrove, Sanne H. Knudsen, Vivek S. Sankaran
Brief For The Appellee, Friends Of The Roaritan, Inc., Measuring Brief: Eleventh Annual Pace National Environmental Moot Court Competition, Thomas J. Cosgrove, Sanne H. Knudsen, Vivek S. Sankaran
Pace Environmental Law Review
No abstract provided.
Keeping Clean Waters Clean: Making The Clean Water Act's Antidegradation Policy Work, John A. Chilson
Keeping Clean Waters Clean: Making The Clean Water Act's Antidegradation Policy Work, John A. Chilson
University of Michigan Journal of Law Reform
This Note stresses the importance of making the Clean Water Act's antidegradation policy work in order to avoid a system of national waters of equally mediocre quality. The Nation's highest quality and most important waters are not receiving appropriate protection under the Act because the antidegradation policy contains vague definitions, the states fail to review water quality standards every three years and to entertain citizens' petitions, and the Environmental Protection Agency has not taken an active role in ensuring compliance with federal standards. This Note examines the schemes of the Great Lakes States and Florida and hypothesizes that similar provisions …
The Uncertainty Surrounding Grazing And Section 401 Of The Clean Water Act: Predicting The Outcome Of Oregon Natural Desert Association V. Dombeck, Daryl G. Ward
Brigham Young University Journal of Public Law
No abstract provided.
Law Of The Sea Dispute Settlement: Past, Present, And Future, John E. Noyes
Law Of The Sea Dispute Settlement: Past, Present, And Future, John E. Noyes
ILSA Journal of International & Comparative Law
For some, the vision of international courts able to issue binding rules of decision and clarify the meaning of rules of international law has had great pull.
Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson
Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson
American Indian Law Review
No abstract provided.
The Current Global Environment Outlook: How Is Industry Doing In Meeting The Rio Declaration Goals, 32 J. Marshall L. Rev. 289 (1999), Helene Genot, Dan Tarlock, Dixie Lee Laswell
The Current Global Environment Outlook: How Is Industry Doing In Meeting The Rio Declaration Goals, 32 J. Marshall L. Rev. 289 (1999), Helene Genot, Dan Tarlock, Dixie Lee Laswell
UIC Law Review
No abstract provided.
In Memoriam: Albert E. Utton, Natural Resources Journal
In Memoriam: Albert E. Utton, Natural Resources Journal
Natural Resources Journal
No abstract provided.