Journal of Environmental Law & Litigation : Vol. 33 (2018)
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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
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Item Open Access Turning Oregon’s Bicycle Infrastructure from Good to Great!(University of Oregon School of Law, 2018-06-11) League, JanOregon’s bicycle infrastructure policies are designed to increase bicycle ridership. The state has been a U.S. bicycle trendsetter in infrastructure, policy, laws, and tax funding since the early 1970s. As a result of these policies, Oregon boasts of a robust bicycle infrastructure, one of the highest rates of ridership in the nation, a bike-friendly government, and tax funding dedicated to bicycle infrastructure construction. Yet numerous barriers prevent Oregon from creating a world-class infrastructure.Item Open Access Break the Law to Make the Law: The Necessity Defense in Environmental Civil Disobedience Cases and Its Human Rights Implications(University of Oregon School of Law, 2018-06-11) Fallon, Abigail J.This Article will discuss the importance of civil disobedience and potential human rights implications of the necessity defense where climate change activists are concerned.Item Open Access Introducing an Administratively Feasible Environmental Tax System in Ethiopia(University of Oregon School of Law, 2018-06-11) Gebregiorgs, M. T.This Article examines the administrative feasibility of introducing an environmental tax system in the Addis Ababa City Administration (AAA) of Ethiopia.Item Open Access Climate Change and Oregon Law: What Is to Be Done?(University of Oregon School of Law, 2018-06-11) Brickley, Alan K.; Schell, Steven R.; Sullivan, Edward J.This Article accepts the fact of climate change and attempts to set out some practical considerations and tools by which Oregon may respond to climate change.Item Open Access WANTED: The Great Lakes Water-Unsustainable Out-of-Basin Diversions and Canada’s Options(University of Oregon School of Law, 2018-06-11) Brinda, KaylaThis Article provides an overview of certain avenues through which Canada can prevent and stop current and future out-of-basin diversions approved by the Compact Council.Item Open Access New Jersey Municipal Land Use Law: Constitutional Origin, Judicial Parameters(University of Oregon School of Law, 2018-06-11) Sedarat, SophyThis Article will examine Municipal Land Use Laws (MLUL) in the State of New Jersey by analyzing the boundaries and parameters the judiciary has set in its interpretation of the New Jersey MLUL. By way of said examination, this article may serve as a cautionary tale for both governmental and nongovernmental actors in avoidance of judicial intervention with regard to the most common and basic land use issues presented in the state at the local, municipal level.Item Open Access Shorelands Protection in Oregon(University of Oregon School of Law, 2018-06-11) Sullivan, Edward J.This Article will explore the unique legal and historical role of the Oregon coast in that state’s understanding of itself, especially in terms of public demand for beach access and environmental protection, culminating in the adoption of binding state policies (“goals”) implemented locally. These policies required data gathering, established state coastal values, and required planning and land use regulation by local governments to realize those values in a planning process. This Article then evaluates that process in terms of its public acceptance and effectiveness in order to assist decision makers crafting these types of policies elsewhere.Item Open Access In Dubious Battle: The Human Cost of Wildland Firefighting(University of Oregon School of Law, 2018-06-11) Burton, LloydThe political and market forces driving residential development and wildfire management in the WUI are tragically misconceived. They are inflicting a deadly toll on both WUI residents and those who seek to protect themItem Open Access Like a Phoenix Rising from the Ashes: Melding Wildfire Law into a Comprehensive Statute(University of Oregon School of Law, 2018-06-11) Kanner, Allan; Reilly, CaitrinEach year, thousands of acres of state and federal lands burn because of negligence by railroads, utility companies, logging companies, and others.When fire conditions are severe, state and federal lands can suffer astronomical fire losses in a single season, and those seasons are beginning to last year-round.Item Open Access Fighting Fire with Fire? Adjusting Regulatory Regimes and Forest Product Markets to Mitigate Southern United States Wildfire Risk(University of Oregon School of Law, 2018-06-11) Hudson, BlakeHow can the South better manage its forests for wildfire prevention and mitigation during a time of climate change? This Article introduces some of the legal and political issues that make doing so a particular challenge for the southeastern United States—where 86% of the forests are privately owned—and will suggest some potential avenues to improve southern wildfire management.Item Open Access Retreat Alternatives in NEPA: A Tool for the Perplexed(University of Oregon School of Law, 2018-06-11) Colburn, Jamison E.Decades ago, United States Department of Agriculture (USDA), Department of Interior, and state and tribal officials began building massive budgets and interagency capacities to fight wildland fires. Coincident with that build-up was our seemingly inexorable colonization of the wildland urban interface (WUI)—much of it in fire-prone areas.Item Open Access SYMPOSIUM : America on Fire :Trends in Wildfire Law, Science, and Policy on Public and Private Lands(University of Oregon School of Law, 2018-06-11) Journal StaffOn September 29, 2017, at the William W. Knight Law Center at the University of Oregon in Eugene, Oregon, the Journal of Environmental Law and Litigation (JELL) sponsored a symposium titled to further the dialogue between communities facing high natural wildfire risk and the federal, state, and local agencies responsible for mitigation and management.