Environmental Law
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A Burning Issue: A Case for Abolishing the U.S. Forest Service.
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THE PROBLEM OF UNQUANTIFIED BENEFITS.
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U.S. SEAFOOD TRACEABILITY AS FOOD LAW AND THE FUTURE OF MARINE FISHERIES.
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From the USA with love: sharing home-grown hormones, GMOs, and clones with a reluctant Europe.
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Taking Congress' words seriously: towards a sound construction of NEPA's long overlooked interpretation mandate.
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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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American Heat: Ethical Problems with the United States' Response to Global Warming.
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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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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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The Art of Commenting.
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Fairness in environmental law.
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Roads not taken: EPA vs. Clean Water.
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Teeth for a paper tiger: redressing the deficiencies of the recovery provisions of the Endangered Species Act.
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Ninth Circuit review editor's note.
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The structure of standing requirements for citizen suits and the scope of congressional power.
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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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Reforming livestock grazing on the public domain: ecosystem management-based standards and guidelines blaze a new path for range management.
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Reading Dolan v. City of Tigard.
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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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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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Earthly Politics: Local and Global in Environmental Governance.
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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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The lawyer speaks of rivers.
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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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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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New England Forests Through Time: Insights from the Harvard Forest Dioramas.
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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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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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Quartering species: the "living Constitution," the Third Amendment, and the Endangered Species Act.
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Courts and the EPA interpret NPDES general permit requirements for CAFOS.
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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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NEPA, FLPMA, and impact reduction: an empirical assessment of BLM resource management planning and NEPA in the Mountain West.
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FERC's abdication of jurisdiction over hydroelectric dams on nonnavigable rivers: a potential setback for comprehensive stream management.
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2009 Ninth Circuit environmental review.
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THE MYTH OF STATE SURFACE WATER REGULATION - THE FIFTY YEAR FLAW OF THE FEDERAL WATER POLLUTION CONTROL ACT JURISDICTIONAL DEBATE.
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Reflections on the Endangered Species Act.
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Break Through: From the Death of Environmentalism to the Polities of Possibility.
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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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In my backyard: how enabling hazardous waste trade to developing nations can improve the Basel Convention's ability to achieve environmental justice.
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Case summaries.
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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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Taking the "mussel" out of the Clean Water Act.
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A blast from the past: the public trust doctrine and its growing threat to water rights.
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Year zero: the aftermath of measure 37.
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The bow-tie era of Lewis and Clark law school: Dean Jim Huffman, 1993-2006.
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SUSTAINABLE BUSINESS LAW? THE KEY ROLE OF CORPORATE GOVERNANCE AND FINANCE.
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Defining riparian rights as "property" through takings litigation: is there a property right to environmental quality?
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Overdrafting Oregon: The case against groundwater mining.
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Beneficial use, waste, and forfeiture: the inefficient search for efficiency in western water use.
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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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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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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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Collaborative Environmental Management: What Roles for Government?
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Wading out of the Tilla-Muck: reducing timber harvests in the Tillamook and Clatsop state forests, and protecting rural timber economies through ecosystem service programs.
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With friends like these: the trouble with Auer deference.
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Southern California's quest for clean air: is EPA's dilemma nearing an end?
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The crowning of hearts: a tribute to Dean Huffman.
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United States v. Abrogar: did the Third Circuit miss the boat?
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Property as a public conversation, not a Lockean soliloquy: a role for intellectual and legal history in takings analysis.
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SAN DIEGO BORDER INFRASTRUCTURE ENVIRONMENTAL LITIGATION: RETURN OF THE WALKING DEAD.
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Multilateral environmental agreements and the GATT: conflict and resolution?
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JUDGES, BUREAUCRATS AND THE LEVIATHAN STATE: A REPLY TO PROFESSOR FUNK (35 YEARS LATER).
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The public interest in Western water.
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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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CLIMATE CHANGE AND ANIMAL AGRICULTURE: FEDERAL ACTIONS PROTECT THE BIGGEST CONTRIBUTORS FROM THE DISASTERS THEY CAUSE.
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Law, science, and the environment forum: a meeting of the minds.
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The pioneer spirit and the public trust: the American rule of capture and state ownership of wildlife.
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The continuing nature of notification violations under environmental statutes.
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Enlisting the support of liberal trade for environmental protection and sustainable development.
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Seeing the forest for the trees: regulating carbon dioxide emissions from bioenergy production under the Clean Air Act.
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Entrepreneurial environmentalism: a new approach for the new millennium.
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Regulation of storm water discharges under the Clean water Act.
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Environmental contamination as continuing trespass.
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Land Use Law for Sustainable Development.
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THE WESTERN URBAN LANDSCAPE AND CLIMATE CHANGE.
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Strategic Planning in Environmental Regulation: A Policy Approach that Works.
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The Takings Issue: Constitutional Limits on Land Use Control and Environmental Regulation.
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The last round: the General Agreement on Tariffs and Trade in light of the Earth Summit.
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A tribute to Dean James Huffman.
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TRANSMISSION: A NEW HOPE: THE IMPLICATIONS OF THE BIDEN INFRASTRUCTURE ACT ON CORRIDOR DESIGNATION.
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Wilderness management in national parks and wildlife refuges.
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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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The end of environmental law? Libertarian property, natural law, and the just compensation clause in the Federal Circuit.
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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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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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Sustainable energy subsidies.
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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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Wilderness management by the multiple use agencies: what makes the Forest Service and the Bureau of Land Management different?
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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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FROM "SIT AND WAIT" TO "PROACTIVE REGULATION": A MODEL FOR ENVIRONMENTAL REGULATION OF PRIVATE PROPERTY.
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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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Errata.
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GOING GREEN: THE CASE FOR ISSUE CLASSES IN COMPLEX ENVIRONMENTAL LITIGATION.
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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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A Symbol of Wilderness: Echo Park and the American Conservation Movement.
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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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Migratory connectivity and the conservation of migratory animals.
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A train without tracks: rethinking the place of law and goals in environmental and natural resources law.
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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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Janet C. Neuman scholarship.
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The rule of capture - an oil and gas perspective.
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An overview of Korean environmental law.
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Comparative Asian Environmental Law Anthology.
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The environmental impacts of international finance corporation lending and proposals for reform: a case study of conservation and oil development in the Guatemalan Peten.
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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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International environmental standards for transnational corporations.
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Religious responses to the population sustainability problematic: implications for law.
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The worst of times: a tale of two fishes in the Klamath Basin.
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Conflict comes to roost! The Bureau of Reclamation and the federal Indian trust responsibility.
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Staving off the climate crisis: the sectoral approach under the Clean Air Act.
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Remembering Joe Feller.
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Environment and Law.
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Exempt well issues in the West.
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Congress, the courts, and solid waste transport: good fences don't always make good neighbors.
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Multilevel Governance of Global Environmental Change: Perspectives from Science, Sociology and the Law.
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Critical habitat designation under the Endangered Species Act: a road to recovery?
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The tragedy of the vital commons.
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2004 Ninth Circuit Environmental Review.
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Ninth Circuit review editor's note.
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Endangered species' slippery slope back to the states: existing regulatory mechanisms and ongoing conservation efforts under the Endangered Species Act.
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THE RENAISSANCE OF FEDERALISM.
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The answer lies in admiralty: justifying oil spill punitive damages recovery through admiralty law.
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How far should the bar on citizen suits extend under section 309 of the Clean Water Act?
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BEYOND EMISSIONS: MIGRATION, PRISONS, AND THE GREEN NEW DEAL.
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Northern Landscapes: the struggle for wilderness Alaska.
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AGGREGATION: AN ESSENTIAL TOOL IN ACHIEVING IMPERATIVE ENVIRONMENTAL ENFORCEMENT, PROTECTION, AND JUSTICE.
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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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BOOKS RECEIVED.
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'Dancing backward in high heels': examining and addressing the disparate regulatory treatment of energy efficiency and renewable resources.
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Remembering Bill Williamson.
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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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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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Case summaries.
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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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Property myths, judicial activism, and the Lucas case.
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III. Miscellaneous.