Review editor's note.
Author | Wright, Bronwen |
I am pleased to present the 2002 Ninth Circuit Environmental Review. The Review includes summaries of all natural resources and environmental law cases decided by the Ninth Circuit Court of Appeals between approximately March 2002 and March 2003. This comprehensive resource is a useful reference for practitioners and students seeking to keep abreast of the critical environmental and natural resource issues in the Ninth Circuit.
The Review also includes two student Chapters, each discussing a significant Ninth Circuit case. This year's Chapters both focus on issues related to the Clean Water Act. Ms. Erin Tobin addresses the role of Total Maximum Daily Loads for waters polluted solely by nonpoint source pollution, at issue in Pronsolino v. Nastri. She argues that the Ninth Circuit should have gone beyond deferring to EPA's decision to set TMDLs for these waters after states fail to do so. Rather, the court should have found that the Clean Water Act mandates states and EPA to set these TMDLs. Ms. Corinna Spencer-Scheurich discusses Association to Protect Hammersley, Eld, and Torten Inlets v. Taylor Resources, suggesting that the Ninth Circuit failed to examine carefully the...
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