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This paper, a celebratory essay marking the 50th anniversary of the first issue of Environmental Law, the nation's oldest and most comprehensive law student-edited law review, discusses the background of the founding of the journal in 1970 and surveys the many symposia and leading articles it...
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Professor Blumm traces the evolution of the modern public trust doctrine in the West. He claims the doctrine is best understood by focusing on the remedies courts prescribe for trust violations. Although he sees four distinct categories of remedies in the case law, he asserts that they all...
Persistent link: https://www.econbiz.de/10012958068
Pacific salmon, the signature species of the Pacific Northwest, have declined across their range for well over a century, due to a myriad of human-caused effects on their habitat and the fish themselves. Restoration efforts—some successful, some halting—began earnest in the late 20th...
Persistent link: https://www.econbiz.de/10014345385
This is the tables of contents and cases, the preface, and part of the introductory chapter to the 3rd edition of Native American Natural Resources Law, published by Carolina Academic Press. This coursebook is suitable for a 2- or 3-credit course in Indian Law or Environmental and Natural...
Persistent link: https://www.econbiz.de/10014161762
In Alec L. v. McCarthy, an atmospheric trust case, the D.C. Circuit, in an unreflective opinion, rejected the plaintiffs’ claim that the public trust doctrine demanded action on the part of the federal government to curb atmospheric greenhouse gas emissions. The court relied on dicta in...
Persistent link: https://www.econbiz.de/10014138754
This article explains the numerous environmental protections contained in an unlikely statute, the Federal Power Act, first enacted in 1920. Federally licensed hydropower projects are often the largest influences on streamflows in watersheds, so making the projects environmentally compatible is...
Persistent link: https://www.econbiz.de/10014120291
This article was an early assessment of the operation and significance of the wetlands protection permit program authorized by section 404 of the Clean Water Act. The article was written five years after the courts had ruled that the jurisdiction of the program was broader than that of program...
Persistent link: https://www.econbiz.de/10014121736
Lakefront: Public Trust and Private Rights in Chicago is Joseph Kearney and Thomas Merrill’s engaging account of how public law affected the development of the Chicago lakefront, is a meticulously detailed history of a century-and-a-half of law and urban affairs. The authors center the book...
Persistent link: https://www.econbiz.de/10013322014
Chile, whose public has experienced widespread dissatisfaction with Chilean environmental policies, seems poised to use the ongoing redrafting of its constitution to entrench the public trust doctrine in its fundamental charter. The ancient doctrine, emanating from Roman law and reflected in the...
Persistent link: https://www.econbiz.de/10013306329