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Full-Text Articles in Law
"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen
"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen
Washington Journal of Environmental Law & Policy
This article is based on remarks given to the Arctic Encounter Symposium on Jan. 31, 2015.
"We Didn't Cross The Border; The Border Crossed Us": Informal Social Adaptations To Formal Governance And Policies By Communities Across The Bering Sea Region In The Russian Far East And United States, Sarah Roop, Lilian Alessa, Andrew Kliskey, Maryann Fidel, Grace Beaujean
"We Didn't Cross The Border; The Border Crossed Us": Informal Social Adaptations To Formal Governance And Policies By Communities Across The Bering Sea Region In The Russian Far East And United States, Sarah Roop, Lilian Alessa, Andrew Kliskey, Maryann Fidel, Grace Beaujean
Washington Journal of Environmental Law & Policy
Territorially isolated villages along the shores of the U.S. and Russian Bering Sea live with stark political lines dividing a region that shares a common history, heritage, and contemporary existence. It is also a region whose environmental security is threatened by common changes occurring throughout the area but for whom possible responses to these changes are shaped by the policies and politics of the countries in which they reside. This paper is based on the experience from an international observing network, the Community Observing Network for Adaptation and Security (CONAS), which provides rare insights on how political context, across the …
Proposed Indicators To Measure The Environmental Responsibiity Of Oil And Gas Companies And Regulatory Reforms To Improve Access To Information About Offshore Drilling, Wendy B. Jacobs, Aladdine D. Joroff
Proposed Indicators To Measure The Environmental Responsibiity Of Oil And Gas Companies And Regulatory Reforms To Improve Access To Information About Offshore Drilling, Wendy B. Jacobs, Aladdine D. Joroff
Washington Journal of Environmental Law & Policy
This paper suggests a set of indicators to evaluate and predict the environmental performance of companies proposing to drill for oil or gas in the U.S. Arctic and recommends mechanisms for improving public access to, and intra- and inter-agency sharing of, information from companies engaged in offshore drilling. We use the term “performance indicator” to refer to an observable metric that correlates with an aspect of an operator’s performance that is either too difficult to measure directly, or too broad to be reduced to a single, precisely quantifiable metric. Performance indicators can be used to compare an operator’s performance in …
"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen
"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen
Washington Journal of Environmental Law & Policy
This article is based on remarks given to the Arctic Encounter Symposium on Jan. 31, 2015.
Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin
Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin
Washington Journal of Environmental Law & Policy
The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) provides the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances. Subpart J of the NCP governs the use of chemical agents to control oil discharges, setting forth the criteria for listing an agent on the Product Schedule—a list of the dispersants and other spill-mitigating substances that responders may use in carrying out the NCP. Dispersants are chemical agents that emulsify and disperse oil into the water column. The Environmental Protection Agency (EPA) last amended Subpart J in September 1994. In …
Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin
Comments On Proposed Revisions To Subpart J Of The 1994 National Contingency Plan, Meghan Gavin
Washington Journal of Environmental Law & Policy
The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) provides the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances. Subpart J of the NCP governs the use of chemical agents to control oil discharges, setting forth the criteria for listing an agent on the Product Schedule—a list of the dispersants and other spill-mitigating substances that responders may use in carrying out the NCP. Dispersants are chemical agents that emulsify and disperse oil into the water column. The Environmental Protection Agency (EPA) last amended Subpart J in September 1994. In …
"We Didn't Cross The Border; The Border Crossed Us": Informal Social Adaptations To Formal Governance And Policies By Communities Across The Bering Sea Region In The Russian Far East And United States, Sarah Roop, Lilian Alessa, Andrew Kliskey, Maryann Fidel, Grace Beaujean
"We Didn't Cross The Border; The Border Crossed Us": Informal Social Adaptations To Formal Governance And Policies By Communities Across The Bering Sea Region In The Russian Far East And United States, Sarah Roop, Lilian Alessa, Andrew Kliskey, Maryann Fidel, Grace Beaujean
Washington Journal of Environmental Law & Policy
Territorially isolated villages along the shores of the U.S. and Russian Bering Sea live with stark political lines dividing a region that shares a common history, heritage, and contemporary existence. It is also a region whose environmental security is threatened by common changes occurring throughout the area but for whom possible responses to these changes are shaped by the policies and politics of the countries in which they reside. This paper is based on the experience from an international observing network, the Community Observing Network for Adaptation and Security (CONAS), which provides rare insights on how political context, across the …
Proposed Indicators To Measure The Environmental Responsibiity Of Oil And Gas Companies And Regulatory Reforms To Improve Access To Information About Offshore Drilling, Wendy B. Jacobs, Aladdine D. Joroff
Proposed Indicators To Measure The Environmental Responsibiity Of Oil And Gas Companies And Regulatory Reforms To Improve Access To Information About Offshore Drilling, Wendy B. Jacobs, Aladdine D. Joroff
Washington Journal of Environmental Law & Policy
This paper suggests a set of indicators to evaluate and predict the environmental performance of companies proposing to drill for oil or gas in the U.S. Arctic and recommends mechanisms for improving public access to, and intra- and inter-agency sharing of, information from companies engaged in offshore drilling. We use the term “performance indicator” to refer to an observable metric that correlates with an aspect of an operator’s performance that is either too difficult to measure directly, or too broad to be reduced to a single, precisely quantifiable metric. Performance indicators can be used to compare an operator’s performance in …
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.
Zombie Subdivisions In The United States And Ghost Developments In Europe: Lessons For Local Governments, Jan G. Laitos, Rachel Martin
Zombie Subdivisions In The United States And Ghost Developments In Europe: Lessons For Local Governments, Jan G. Laitos, Rachel Martin
Washington Journal of Environmental Law & Policy
This article addresses the phenomenon of abandoned or failed commercial or residential developments, sometimes referred to as “zombie subdivisions” in America, and “ghost developments” in Europe. Both arose as a result of the real estate market disintegration after 2008. Around the world, but particularly in America and in certain European countries, developers ran out of funds and were unable to finish their projects, resulting in non-completed or largely vacant “zombie” or ghost properties. Such abandoned properties can be found throughout America and Europe, but they are more common in particular Intermountain states in the United States, and in Ireland, Spain …
The Failure Of Washington's Fish Consumption Rate: How It Affects Residents, The Economy, And The Environmental Protection Agency, Jenna Zwang
Washington Journal of Environmental Law & Policy
Washington’s fish consumption rate has remained unchanged since the 1980s, and now environmental groups are calling foul. While abiding by the State’s current rate, which is one of the lowest consumption rates in the nation, Washington industries are able to dump higher levels of carcinogenic materials into local waterways. However, the health risks that these toxic chemicals pose to Washington residents may pose liability issues for the state if the rate is not effectively changed. Washington has begun looking towards neighboring Oregon as a model for reframing the fish consumption rate discussion, but their proposal does not go far enough.
The Struggle Over The Columbia River Gorge: Establishing And Governing The Country's Largest Scenic Area, Michael C. Blumm, Nathan J. Baker
The Struggle Over The Columbia River Gorge: Establishing And Governing The Country's Largest Scenic Area, Michael C. Blumm, Nathan J. Baker
Washington Journal of Environmental Law & Policy
This review first considers the historical conditions that coalesced in the late 1970s into the movement calling for federal protection of the Gorge. It then discusses the unlikely and convoluted scenario in which Congress passed and President Ronald Reagan signed into law the Columbia River Gorge National Scenic Area Act in 1986.14 The review then turns to the institutions responsible for implementing the statute: the bi-state Columbia River Gorge Commission; the U.S. Forest Service; six county governments; those agencies’ chief watchdog, the persistent and influential Friends of the Columbia Gorge; and the state legislatures, which control the Commission’s budgets. It …
Wilderness: Good For Alaska. Legal And Economic Perspectives On Alaska's Wilderness, E. Barrett Ristroph, Anwar Hussain
Wilderness: Good For Alaska. Legal And Economic Perspectives On Alaska's Wilderness, E. Barrett Ristroph, Anwar Hussain
Washington Journal of Environmental Law & Policy
This article addresses the legal framework for Wilderness in Alaska, which has more land within the National Wilderness Preservation System than any other state, as well as the economic impacts and valuation of wildlands. Wilderness management in Alaska is subject to the Alaska National Interest Lands Conservation Act, which aims to ensure that rural Alaskans can use wildlife resources to sustain customary and traditional ways of life. The values of Wilderness range from direct economic benefits and revenue generated from recreation to passive values that are measured by the public’s willingness to pay for preservation. While there are challenges to …
Making 'Conservation' Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long
Making 'Conservation' Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long
Washington Journal of Environmental Law & Policy
During the New Deal, as part of a larger effort implementing Progressive-Era “conservation” regimes, the federal government authorized the structurally-invasive Flood Control Act of 1936. At the same time, the Standard State Soil Conservation Districts Law promoted the creation of local, place-based efforts to protect or restore locally-valued resources. “Conservation” thus came to signify both the invasive, structural, engineering approach of mid-20th Century flood control, and the local, more responsive and flexible nature of soil conservation districts. But our understandings of our place in the natural world have changed subtly but significantly over the past century. Any legitimate natural resource …
Washington Environmental Law In Review, Robert Sykes
Washington Environmental Law In Review, Robert Sykes
Washington Journal of Environmental Law & Policy
This annual publication from the Washington Journal of Environmental Law & Policy provides a summary of recent developments in Washington State environmental law. This Year in Review summarizes laws passed during the 2013-2014 legislative session and environmental case law decided the Washington State Supreme Court from late 2013 to late 2014. The court and legislature addressed several important environmental issues this year, including timber and water rights, renewable energy, air quality, and agency reporting requirements. The author reviewed these developments in Washington environmental law and summarized those determined to be most significant. All agencies referred to are Washington agencies. The …