Journal of Environmental Law & Litigation : Vol. 21, no. 1 (Spring 2006)
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Item Open Access Journal of Environmental Law & Litigation : Vol. 21, No. 1, p. 251-258 : New Books [book reviews](University of Oregon School of Law, 2006)Reviews of the following books: Tribal Water Rights: Essays in Contemporary Law, Policy, and Economics / edited by John E. Thorson, Sarah Britton, and Bonnie G. Colby -- Strategies for Environmental Success in an Uncertain Judicial Climate / edited by Michael Allan Wolf -- The RFF Reader in Environmental and Resource Policy (2d ed.) / edited by Wallace E. Oates -- Adaptive Governance and Water Conflict: New Institutions for Collaborative Planning / edited by John T. Scholz and Bruce Stiftel -- The Antiquities Act: A Century of American Archaeology, Historic Preservation, and Nature Conservation / edited by David Harmon, Francis P. McManamon, and Dwight T. Pitcaithley -- Environmental Law for Sustainability / edited by Benjamin J. Richardson and Stepan Wood -- Assessments of Regional and Global Environmental Risks / Edited by Alexander E. Farrell and Jill JagerItem Open Access Journal of Environmental Law & Litigation : Vol. 21, No. 1, p. 207-250 : Shaping Oregon Climate Policy in Light of the Kyoto Protocol(University of Oregon School of Law, 2006) Robison, Jason A.This Comment focuses on the frontier of climate policy in the State of Oregon. Specifically, in light of the implementation of a global cap-and-trade system for greenhouse-gas (GHG) emissions under the Kyoto Protocol (Protocol), this Comment examines the policy option of implementing a regional GHG cap-andtrade system in Oregon and among the West Coast states. Much terrain is covered to give context. Part I provides a primer on climate science that describes the potential impacts of climate change on the global level and in the Pacific Northwest. After illuminating the potential threats posed by climate change, Part II describes the international community’s response, focusing almost exclusively on the Protocol’s cap-and-trade regulatory system for GHG emissions. In contrast, Part III shifts attention to the state and local levels. It begins by providing a cursory discussion of the climate policies and programs established by states and localities as well as some of the cutting-edge litigation brought by states and localities involving climate change. Part IV examines climate policies and programs in the State of Oregon, paying particular attention to the carbon dioxide (CO2) standard for new energy facilities (the Standard). Finally, Part V provides a comparative analysis of the Protocol and the Standard, discusses how Oregon and the other West Coast states can use the Protocol as a model to design a regional cap-and-trade system, and concludes by examining some of the potential obstacles and benefits associated with implementing such a system.Item Open Access Journal of Environmental Law & Litigation : Vol. 21, No. 1, p.157-206 : Putting the €Sustainable€ Back in Sustainable Development: Recognizing and Enforcing Indigenous Property Rights as a Pathway to Global Environmental Sustainability(University of Oregon School of Law, 2006) Jaksa, Matthew F.This Comment proceeds in four parts. Part I traces the historical development of the colonialist conception of indigenous property rights, and describes how that conception continues to facilitate the developed world’s exploitation of indigenous peoples, territories, and resources. Part II discusses the failings of the sustainable development model in international environmental law. Part III proposes that using international law to decolonize the developed world’s conception of indigenous property rights can play a significant role in realizing the goal of environmental sustainability. Part IV examines the Inter-American Human Rights System as a positive model for further advancements in the field of indigenous property rights, both in terms of its expansive interpretations of existing human rights documents and a draft proposal directly addressing indigenous rights.Item Open Access Journal of Environmental Law & Litigation : Vol. 21, No. 1, p. 113-140 : Are Congress and the Executive Branch Fiddling While Rome Burns? The Impact of Fire as a Hazardous-Fuels Reduction Tool on Clean Air and Communities in the Sierra Nevada(University of Oregon School of Law, 2006) Perez, Jerome E.This article provides an overview of the use of prescribed and wildland-use fires on federal lands, Congress’ expectations of federal land managers to reduce the level of fuel loads on these public lands, an overview of the pertinent sections of the CAA that relate to smoke associated with fires, and the conflicts between CAA standards and the public’s desire to not be adversely affected by wildfires. I also provide a recommended course of action to address the need to reduce the enormous fuel loads on federal lands, while optimizing the use of fire as a tool to reduce these fuel loads where appropriate. Finally, I propose three fundamental changes that need to occur to better address the health and safety of individuals who live in areas that could be devastated by wildfire and those downwind from the adverse effects of smoke: (1) a better understanding and acceptance by Congress of “weighted acreages,” (2) a “Wildland Fire Use and Grant Program” using CAA funds procured from fines levied for violations of the CAA, and (3) the imposition of a local tax scheme to ensure homeowners take steps to reduce the dangers catastrophic fires pose to their homes.Item Open Access Journal of Environmental Law & Litigation : Vol. 21, No. 1, p. 047-066 : The Death of Rangeland Reform(University of Oregon School of Law, 2006) Nicoll, ScottThis Article examines the lessons of public choice theory in the context of rangeland reform. Part I briefly surveys public choice theory. Part II explores Babbitt’s initial proposal to reform public land grazing. From the apogee of his initial proposal, Part III traces the erosion of his reform efforts. Part IV then discusses legal and judicial challenges to Babbitt’s regulations. Part V proceeds to examine the second Bush administration’s efforts to revoke rangeland reform, while Part VI applies public choice theory to the death of rangeland reform.Item Open Access Journal of Environmental Law & Litigation : Vol. 21, No. 1, p. 141-156 : The Accountability Principle: Legal Solutions to Break Corruption’s Impact on India's Environment(University of Oregon School of Law, 2006) Mehta, M. C.Item Open Access Journal of Environmental Law & Litigation : Vol. 21, No. 1, p. 001-046 : The Role of Mandatory Dispute Resolution in Federal Environmental Law: Lessons from the Clean Air Act(University of Oregon School of Law, 2006) Van de Wetering, Sarah B.; McKinney, MatthewThe purpose of this Article is to shed some light on the merits of statutorily mandated dispute resolution in federal natural-resources and environmental law. We begin by describing section 164(e) of the Clean Air Act (CAA), which mandates the use of a dispute-resolution process to resolve selected types of disputes among Indian tribes, states, and the Environmental Protection Agency (EPA). We review the statutory and administrative history of the provision and examine the only four instances in which it was invoked. We then highlight a number of lessons learned from the experience of the CAA that might serve as useful guidance for other mandatory dispute-resolution processes. Finally, we conclude by offering a few observations on the place of mandatory dispute resolution in federal natural-resources and environmental law.