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The Columbia River Gorge, site of the nation’s first national scenic area and the only near sea level passage through the Cascade Mountains, possesses the longest continuously occupied site of human habitation in North America. The Gorge has served as a major transportation corridor between...
Persistent link: https://www.econbiz.de/10014180332
The public trust doctrine is an ancient doctrine of public property law that governs sovereign stewardship of natural resources. The doctrine both promote public access to trust resources and requires sovereign protection of them for the benefit of the public, including future generations. The...
Persistent link: https://www.econbiz.de/10013249280
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
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
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
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...
Persistent link: https://www.econbiz.de/10012848879
The terms governing land investments can shape whether host countries and local communities benefit from investment projects. Yet host governments in low- and middle-income countries often lack sufficient legal and technical capacity to prepare for, negotiate, implement, and monitor investments,...
Persistent link: https://www.econbiz.de/10013217728
This article applies public choice political theory to public lands decisionmaking and concludes that it explains why multiple-use management, the paradigm for most federal public lands, consistently overemphasizes commodity production at the expense of other values like watershed protection and...
Persistent link: https://www.econbiz.de/10012746878
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
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