Environmental Law
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A Burning Issue: A Case for Abolishing the U.S. Forest Service.
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From the USA with love: sharing home-grown hormones, GMOs, and clones with a reluctant Europe.
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The First Duty: A History of the U.S. District Court of Oregon.
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Water rights, markets, and changing ecological conditions.
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The solid waste dilemma: municipal liability and household hazardous waste management.
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Smoke Wars: Anaconda Copper, Montana Air Pollution, and the Courts, 1890-1920.
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A missed opportunity for whooping cranes - and western water authorities - on the Texas Gulf Coast.
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Reading Dolan v. City of Tigard.
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1994 Ninth Circuit Environmental Review.
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Roads not taken: EPA vs. Clean Water.
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Separation of powers and federal land management: enforcing the direction of the president under the Antiquities Act.
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Arms Control and the Environment.
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Climate change regulation and EPA disincentives.
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OUR COMMON GROUND: A HISTORY OF AMERICA'S PUBLIC LANDS.
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Swamp swaps: the "second nature" of wetlands.
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Origins of the Clean Air Act: a new interpretation.
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The Diversity of Life.
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Endangered Species Act lessons over 30 years, and the legacy of the snail darter, a small fish in a pork barrel.
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CHASING SQUIRRELS IN THE ENERGY TRANSITION.
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Simpler: The Future of Government.
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The population explosion: why we should care and what we should do about it.
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Governing the Tongass: National Forest conflict and political decision making.
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Standing and global warming: is injury to all injury to none?
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A case for the extension of the public trust doctrine in Oregon.
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Atmospheric recovery litigation: making the fossil fuel industry pay to restore a viable climate system.
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COUNTERMEASURES AND COST RECOVERY AGAINST FLAG STATES TO PREVENT, DETER, AND ELIMINATE IUU FISHING.(illegal, unreported, and unregulated)
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TWENTY-FIRST CENTURY FOOD LAW: WHAT'S ON OUR PLATES?
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Given-ness and gift: property and the quest for environmental ethics.
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CLIMATE TRIAGE: A RESOURCES TRUST TO ADDRESS INEQUALITY IN A CLIMATE-CHANGED WORLD.
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Tribute.
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The Columbia River Gorge National Scenic Area Act.
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Controlling flags of convenience: one measure to stop overfishing of collapsing fish stocks.
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From pick and shovel to mountaintop removal: environmental injustice in the Appalachian coalfields.
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Summers v. Earth Island Institute rejects probabilistic standing, but a "realistic threat" of harm is a better standing test.
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ENERGY TRANSITIONS IN THE TRUMP ADMINISTRATION AND BEYOND.
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Judicial review of environmental compliance orders.
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Risk Assessment in Environmental Management.
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Trashing the presumption: intervention on the side of the government.
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Farmers' cooperatives to regionalize food systems: a critique of local food law scholarship and suggestion for critical reconsideration of existing legal tools for changing the U.S. food system.
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The takings jurisprudence of the Court of Federal Claims and the Federal Circuit.
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Conflicts between livestock and wildlife: an analysis of legal liabilities arising from reindeer and caribou competition on the Seward Peninsula of western Alaska.
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Case summaries.
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NINTH CIRCUIT REVIEW EDITOR'S NOTE.
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Limiting prosecutorial discretion under the Oregon Environmental Crimes Act: a new solution to an old problem.
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BLM's retained rights: how requiring environmental protection fulfills oil and gas lease obligations.
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New England Forests Through Time: Insights from the Harvard Forest Dioramas.
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Courts and the EPA interpret NPDES general permit requirements for CAFOS.
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Should the courts run the river?
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Multinational corporations, private codes, and technology transfer for sustainable development.
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Reflections on the Endangered Species Act.
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The Tulare case: water rights, the Endangered Species Act, and the Fifth Amendment.
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Overly restrictive administrative records and the frustration of judicial review.
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Borders and the environment.
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Review editor's note.
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Still crying out for a "major overhaul" after all these years - Salmon and another failed biological opinion on Columbia Basin hydroelectric operations.
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The eagles of deregulation: the role of the courts in a restructured environment.
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2013 Ninth Circuit Environmental Review.
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Frankenstein and pitbull? Transmogrifying the Endangered Species Act and "fixing" the San Juan-Chama Project after Rio Grande Silvery Minnow v. Keys.
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BOOKS RECEIVED.
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What the public trust doctrine can teach us about the police power, Penn Central, and the public interest in natural resource regulation: a tribute to Joe Sax.
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Case summaries.
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ENERGY LAW AND THE LOW-INCOME HOUSEHOLD.
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The Nez Perce water rights settlement and the revolution in Indian country.
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The politics of preemption: an application of preemption jurisprudence and policy to California Assembly Bill 1493.
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MARINE BIODIVERSITY: CHALLENGES, TRENDS, AND A NEW TREATY.
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Defining riparian rights as "property" through takings litigation: is there a property right to environmental quality?
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Case summaries.
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DISTRIBUTIONAL CONSEQUENCES AND REGULATORY ANALYSIS.
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Living with water in a climate-changed world: will federal flood policy sink or swim?
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Between Two Worlds: Science, the Environmental Movement and Policy Choice.
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Collaborative strategies for managing animal migrations: insights from the history of ecosystem-based management.
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The role of captives and the rule of capture.
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CLIMATE CHANGE AND THE PSD PROGRAM: USING BACT TO COMBAT THE INCUMBENCY OF FOSSIL FUELS.
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The Wilderness Act and climate change adaptation.
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Fulfilling the executive's trust responsibility toward the native nations on environmental issues: a partial critique of the Clinton administration's promises and performances.
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Scarcity and Growth Revisited: Natural Resources and the Environment in the New Millennium.
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THE ENDS AND MEANS OF DECARBONIZATION: THE GREEN NEW DEAL IN CONTEXT.
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A millennial update on procedural issues in environmental litigation.
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DEMOCRATIZING POWER TRANSMISSION.
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The rhetoric of water reform resistance: a response to Hobbs' critique of Long's Peak.
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The curious case of greening in carbon markets.
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Subsistence at risk: failure to act and NEPA compliance in post-ANILCA Alaska.
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A case study on successes and failures in challenging logging activities with adverse cumulative effects on fish and wildlife.
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WILDFIRE LITIGATION: EFFECTS ON FOREST MANAGEMENT AND WILDFIRE EMERGENCY RESPONSE.
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Determining the Economic Value of Water: concepts and methods.
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American Heat: Ethical Problems with the United States' Response to Global Warming.
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Ninth Circuit review editor's note.
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Break Through: From the Death of Environmentalism to the Polities of Possibility.
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Priority, probability, and proximate cause: lessons from tort law about imposing ESA responsibility for wildlife harm on water users and other joint habitat modifiers.
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Saving Puget Sound: A Conservation Strategy for the 21st Century.
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Remembering Bill Williamson.
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Collaborative Environmental Management: What Roles for Government?
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With friends like these: the trouble with Auer deference.
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Multilateral environmental agreements and the GATT: conflict and resolution?
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LAW, EXPERTISE AND RULEMAKING LEGITIMACY: REVISITING THE REFORMATION.
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The taking issue in the Ninth Circuit after Lucas.
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NINTH CIRCUIT ENVIRONMENTAL REVIEW EDITOR'S NOTE.
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In re the Exxon Valdez Alaska Native Class v. Exxon Corp.: cultural resources, subsistence living, and the special injury rule.
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Integrated Public Lands Management.
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Climate change adaptation: a collective action perspective on federalism considerations.
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Habitat reserve problem-solving: desperately seeking sophisticated intermediaries.
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Climate change regulation and EPA disincentives.
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Public Policies for Environmental Protection, 2d ed.
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Soundscape history and environmental law in the Supreme Court.
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LAND ACKNOWLEDGMENT.
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2011 Ninth Circuit environmental review.
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The environment and world trade.
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Reinventing Environmental Enforcement and the State-Federal Relationship.
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The history and legislative background of the Northwest Power Act.
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Beyond NIMBY: Hazardous Waste Siting in Canada and the United States.
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Errata.
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GOING GREEN: THE CASE FOR ISSUE CLASSES IN COMPLEX ENVIRONMENTAL LITIGATION.
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WILDERNESS LAW IN THE ANTHROPOCENE: PRAGMATISM AND PURISM.
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Reforming livestock grazing on the public domain: ecosystem management-based standards and guidelines blaze a new path for range management.
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Searching for the definition of "discharge": Section 401 of the Clean Water Act.
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An essay on environmental audit privileges: the right problem, the wrong solution.
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Catch me if you can - the misapplication of the federal statute of limitations to Clean Air Act PSD permit program violations.
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OREGON'S AMPHIBIOUS PUBLIC TRUST DOCTRINE: THE OSWEGO LAKE DECISION.
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Errata.
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Relational integrity regulation: nudging consumers toward products bearing valid environmental marketing claims.
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2010 Ninth Circuit environmental review.
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Greenbacks for building green: does a lender for sustainable construction projects need to make adjustments to its current practices?
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Fault lines in the Clean Water Act: criminal enforcement, continuing violations, and mental state.
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Give and take over measure 37: could metro reconcile compensation for reductions in value with a regional plan for compact urban growth and preserving farmland?
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Animal migration as a moving target for conservation: intra-species variation and responses to environmental change, as illustrated in a sometimes migratory songbird.
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Normal farming and adjacency: a last minute gift for the Farm Bureau?
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Salmon recovery plans: some fundamental choices.
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The environmental and public health impacts of U.S. patent law: making the case for incorporating a precautionary principle.
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Case summaries.
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THE EMERGING LAW OF OUTDOOR RECREATION ON THE PUBLIC LANDS.
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The Institutional Dimensions of Environmental Change: Fit, Interplay, and Scale.
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EPA's approach to endangered species protection in state clean water act programs.
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Interest groups and environmental policy: inconsistent positions and missed opportunities.
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Indian Reserved Water Rights: The Winters Doctrine in Its Social and Legal Context, 1880s-1930s.
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Is equity for fish and wildlife a real possibility under the Northwest Power Act?
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Traveling in opposite directions: roadless area management under the Clinton and Bush Administrations.
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The Developing World and the Environment: Making the Case for Effective Protection of the Global Environment.
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The federal public trust doctrine: misinterpreting Justice Kennedy and Illinois Central Railroad.
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The public trust doctrine, private water allocation, and Mono Lake: the historic saga of National Audubon Society v. Superior Court.
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CATALYZING SUSTAINABLE INVESTMENT.
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Clear the air.
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Twenty-five years under the Convention on Migratory Species: migration conservation lessons from Europe.
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TO BE OR NOT TO BE: STATE EXTINCTION THROUGH CLIMATE CHANGE.
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The rule of capture and the economic dynamics of natural resource use and survival under open access management regimes.
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2005 Ninth Circuit Environmental Review.
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Has the federal courts' successive undermining of the APA's presumption of reviewability turned the doctrine into fool's gold?
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The clean air act at a crossroads: turning 40, confronting climate change.
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PREVENTING THE IMPENDING DEATH OF PRIVACY BY THE SMART GRID.
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Section 4 of the Endangered Species Act: top ten issues for the next thirty years.
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Eminent domain for private sports stadiums: fair ball or foul?
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ATOMIZING THE CLEAN WATER ACT: IGNORING THE WHOLE STATUTE AND ASKING THE WRONG QUESTIONS.
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Rethinking recycling.
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Environmental justice in the tribal context: a madness to EPA's method.
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Restructuring the Northwest power system.
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OWNING ALL THE SEEDS: CONSOLIDATION AND CONTROL IN AGBIOTECH.
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The power source of a tribe seeking to achieve world renewal and the protection of its natural and cultural resources.
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DEFINING THE RIGHT TO A HEALTHY ENVIRONMENT: INSIGHTS FROM THE INTER-AMERICAN COURT OF HUMAN RIGHTS.(Inhabitants of La Oroya v. Peru)
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Trade and the environment: what worries the developing countries?
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Water dispute resolution in the West: process elements for the modern era in basin-wide problem solving.
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The Whittier Road case: the demise of Section 4(f) since Overton Park and its implications for alternatives analysis in environmental law.
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Section 7(a)(1) of the "new" Endangered Species Act: rediscovering and redefining the untapped power of federal agencies' duty to conserve species.
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Make my day! "Dirty Harry" and final agency action.
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Alternative approaches to the CITES "non-detriment" finding for Appendix II species.
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A private property duty of stewardship: changing our land ethic.
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The great experiment that failed? Evaluating the role of a "committee of scientists" as a tool for managing and protecting our public lands.
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WASTE NOT, WANT NOT: DIVERGENT ENERGY STORAGE MARKETS IN CALIFORNIA AND OREGON.
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Janet C. Neuman scholarship.
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Books received.
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Waterbirds, the 2010 biodiversity target, and beyond: AEWA's contribution to global biodiversity governance.
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An overview of Korean environmental law.
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Comparative Asian Environmental Law Anthology.
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Public trust and distrust: the theoretical implications of the public trust doctrine for natural resource management.
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An insider's perspective on Northwest Resource Information Center v. Northwest Power Planning Council.
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Intentional disregard: remedies for the toxic workplace.
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LAND ACKNOWLEDGMENT.
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Religious responses to the population sustainability problematic: implications for law.
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Four land ethics: order, reform, responsibility, opportunity.
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The no surprises policy: Contracts 101 meets the Endangered Species Act.
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The healthy forests initiative: unhealthy policy choices in forest and fire management.
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Quantifying, monitoring, and tracking "take" under the Endangered Species Act: the promise of a more informed approach to consultation.
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Confronting toxic work exposure in China: the precautionary principle and burden shifting.
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Flies, spiders, toads, wolves, and the constitutionality of the Endangered Species Act's take provision.
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The Endangered Species Act turns 30.
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ENVIRONMENTAL LAW AT 50: A CUTTING-EDGE JOURNAL EXAMINING THE CENTRAL ISSUES OF OUR TIME.
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VETO-ING THE VETO? LIMITED OPTIONS REMAIN UNDER CLEAN WATER ACT SECTION 404(C) FOR EPA TO ALLOW DEVELOPMENT OF THE PEBBLE DEPOSIT.
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Mastering the evidence: improving fact finding by international courts.
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"Ecoterrorism"? A critical analysis of the vilification of radical environmental activists as terrorists.
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ENVIRONMENTAL JUSTICE IN POLLUTION HOTSPOTS AND SECTIONS 7 & 15 OF THE CHARTER: THE CASE OF THE AAMJIWNAANG COMMUNITY IN "CHEMICAL VALLEY".(Canada)
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The legal status of Land and Resource Management Plans for the national forests: paying the price for statutory ambiguity.
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Case summaries.
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Promoting recovery or hedging a bet against extinction: Austin, Texas's risky approach to ensuring endangered species' survival in the Texas Hill Country.
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Environmental Law and Business in Canada.
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Classifying CERCLA claims: a critique of Pinal Creek v. Newmont Mining.
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The Wilderness Act at 50.
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Staving off the climate crisis: the sectoral approach under the Clean Air Act.
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Introduction and decision.
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LAND ACKNOWLEDGMENT.
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CLIMATE CHANGE IN LEGAL SCHOLARSHIP: THE FIRST GENERATION (1958-1980).
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THE PUBLIC TRUST DOCTRINE & GROUNDWATER: PROTECTING GROUNDWATER RESERVES FOR FUTURE GENERATIONS.
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The public interest in Western water.
