Review editor's note.

AuthorTucker, Jon

I am pleased to present the 2005 Ninth Circuit Environmental Law Review. This section contains summaries of pertinent Environmental and Natural Resources cases decided by the Ninth Circuit Court of Appeals approximately between March 2005 and March 2006. These summaries are intended to serve as a tool to assist practitioners in their research as well as a reference for those looking to keep abreast of recent environmental and natural resources issues decided by the Ninth Circuit.

The Ninth Circuit Review also includes two chapters discussing two important Ninth Circuit decisions discussed in the summaries. Ms. Anna Stasch uses the Ninth Circuit's decision not to apply the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to a military base conveyed by the U.S. Military to the Filipino government in ARC Ecology v. United States Department of the Air Force as a touchstone to explore the presumption against applying domestic environmental law to American actors potentially responsible for environmental harm abroad. Ms. Stasch discusses strategies for practitioners attempting to overcome the presumption including an analysis of how anti-trust law has become widely applied to American companies acting extraterritorially, and the possibility of environmental plaintiffs borrowing legal theories concerning domestic harm to bring a successful claim's against defendants acting outside of the United States. In addition, Ms. Sherry Bosse discusses the Ninth Circuit's decision in Defenders of Wildlife v. EPA that section 7 of the Endangered Species Act (ESA)...

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