Journal of Environmental Law & Litigation : Vol. 30 No. 1 (2015)

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https://hdl.handle.net/1794/18883

The Journal of Environmental Law and Litigation (JELL), has provided a national, unbiased forum for the discussion and presentation of new ideas and theories in environmental and natural resources law since 1985. JELL educates students for careers in environmental law, disseminates important information to the environmental community, and plays an integral role at the University of Oregon Law School's nationally and internationally recognized environmental law program. A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425 Access the current issue of JELL at http://www.law.uoregon.edu/org/jell/articles.php

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Open Access
Lessons for Climate Change Reform from Environmental History: 19th Century Wildlife Protection and the 20th Century Environmental Movement
(University of Oregon School of Law, 2015-05-07) Podhora, Erik
The prospect of national climate change legislation currently seems dim, but protective legislation for the natural environment has not always been out of reach. State wildlife laws of the 19th century demonstrated that concerted action could persuade state legislatures to shift away from the fundamental paradigm of unregulated hunting when the declining populations of many species caused public alarm. Nearly a century later, in 1969, several high-profile incidences of acute pollution occurred, and a widespread environmental movement blossomed that prompted a previously indifferent President to champion the call for environmental policy. If this pattern held true, unusually strong storms or wildfires of increasing frequency and intensity in recent years should have generated public support for legislation to combat climate change. However, climate change reformers in the 21st century have not been able to convince Congress to seriously consider remedial legislation. This Article explores the factors that contributed to the success of the 19th century state wildlife movement and the 20th century environmental movement in order to better understand what climate change reform efforts may be missing.
Open Access
Honeybees and the Law: Protecting Our Pollinators
(University of Oregon School of Law, 2015-05-07) Knobbe, Emily
Honeybees are a valuable asset to our agricultural systems and our wildlife. Populations are diminishing, and scientists are finding many reasons why. Now that science is providing answers, the law must provide protection. This Article provides an overview of the factors contributing to colony collapse disorder and proposes solutions involving the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Endangered Species Act (ESA), and livestock law. Protecting bees is essential to preserving American ecosystems and food supplies.
Open Access
Single-Minded Determination: The Problems with the Endangered Species Act and the Consensus on Fixing Species Conservation Law Through a Focus on Ecosystems and Biodiversity
(University of Oregon School of Law, 2015-05-07) Filaroski, Curtis
The Endangered Species Act (ESA), enacted in 1973, is widely considered to be the pinnacle of American conservationist environmental law. By many people’s calculations, it has been extremely successful in achieving its goal of conserving endangered and threatened species in the face of both private and public development projects and other threats to species survival. This success rate is commonly attributed to the fact that the listing of a species is accompanied by a bevy of restrictions and other requirements imposed by the ESA, including a ban on the “taking” of a listed species. Indeed, the recovery of a number of species in the past forty years can be attributed to the protection of individual species under the ESA.
Open Access
Impacts of the Army Corps of Engineers’ Pick-Sloan Program on the Indian Tribes of the Missouri River Basin
(University of Oregon School of Law, 2015-05-07) Capossela, Peter
In response to catastrophic flooding in the lower Missouri basin, Congress enacted the Flood Control Act of Dec 1944. This statute authorized the Army Corps of Engineers to construct and operate five massive earthen dams on the main stem of the Missouri River for flood control, navigation and hydropower. The Bureau of Reclamation was authorized to build numerous smaller dams on the tributaries to the Missouri River, primarily for irrigation and recreation. The projects authorized in the 1944 Flood Control Act are collectively referred to as the “Pick-Sloan Plan.”
Open Access
Water Law Meets Participatory Democracy: A Klamath Basin Example
(University of Oregon School of Law, 2015-05-07) Milner, Mary
The Klamath Basin Restoration Agreement (“KBRA”) and the Klamath Hydroelectric Settlement Agreement (“KHSA”) emerged in 2010 in response to ongoing ecosystem calamities in southwestern Oregon and northern California. Parties to the agreements include 45 organizations, including: federal agencies; the States of California and Oregon; PacifiCorp, the hydroelectric utility responsible for operation of dams on the Klamath River; the Karuk, Yurok, and Klamath Tribes; four counties in two states; irrigators and water districts; and conservation and fishing groups. These regional agreements were the result of decades of negotiation, litigation, and considerable citizen involvement. Substantively, the agreements call for the removal of four dams on the Klamath River and would implement basin-wide water management. Some consider the final versions atrocities that cater to narrow interests. Others believe that the agreements create a live framework for future resolution of tenacious water and land use problems.

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