Journal of Environmental Law & Litigation : Vol. 23, no. 1 (Spring 2008)https://scholarsbank.uoregon.edu/xmlui/handle/1794/68802024-03-28T22:13:06Z2024-03-28T22:13:06ZJournal of Environmental Law & Litigation : Vol. 23, No. 1, p.191-222 : Climate Change 101: Urgency and ResponseGalpern, Danhttps://scholarsbank.uoregon.edu/xmlui/handle/1794/69792008-09-26T09:49:12Z2008-01-01T00:00:00ZJournal of Environmental Law & Litigation : Vol. 23, No. 1, p.191-222 : Climate Change 101: Urgency and Response
Galpern, Dan
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
2008-01-01T00:00:00ZJournal of Environmental Law & Litigation : Vol. 23, No. 1, p. 125-190 : The Global Warming Crisis: An Analytical Framework to Regional ResponsesOlmsted, James L.https://scholarsbank.uoregon.edu/xmlui/handle/1794/69782008-09-26T09:48:44Z2008-01-01T00:00:00ZJournal of Environmental Law & Litigation : Vol. 23, No. 1, p. 125-190 : The Global Warming Crisis: An Analytical Framework to Regional Responses
Olmsted, James L.
This Article examines certain selected regional responses to
global warming and sets forth some standards by which the
effectiveness of such responses might be measured. Part I of the
Article begins by examining the causes of global warming and its
likely devastating consequences for humanity and all living
things. Part II defines and analyzes the nature of regional
responses to global warming. In so doing, the Article describes a
number of existing regional responses and concludes with a
discussion of how the success of such responses might be
evaluated. Parts III, IV, and V of the Article describe how
regional approaches to the climate crisis might prevent
additional global warming, achieve adaptation to global
warming, and protect humanity from global warming
consequences. The use of the term “adaptation” in Part IV is a
term of art that has arisen within the context of responses to
global warming. Thus, rather than referring to how humanity or
any individual species might adapt to global warming, adaptation
in this Article refers to how humanity might act to preserve
natural services, such as clean drinking water, clean air, and
biodiversity.
Part VI of the Article takes a preliminary look at Oregon’s
governmental responses to global warming and suggests initial
predictions as to how effective such responses might be. In
general, the conclusions reached in Part VI regarding the
effectiveness of Oregon’s global warming response are not
reassuring.
66 p.
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
2008-01-01T00:00:00ZJournal of Environmental Law & Litigation : Vol. 23, No. 1, p. 001-034 : The National Environmental Policy Act in the Urban Environment: Oxymoron or a Useful Tool to Combat the Destruction of Neighborhoods and Urban Sprawl?Babcock, Hope M.https://scholarsbank.uoregon.edu/xmlui/handle/1794/69772017-09-13T18:08:01Z2008-01-01T00:00:00ZJournal of Environmental Law & Litigation : Vol. 23, No. 1, p. 001-034 : The National Environmental Policy Act in the Urban Environment: Oxymoron or a Useful Tool to Combat the Destruction of Neighborhoods and Urban Sprawl?
Babcock, Hope M.
Although it may seem improbable to apply NEPA in an urban
environment, the law fits and performs generally well there. In
fact, NEPA brings important and unique tools into the urban
environment for assessing the impacts of land use changes that
might otherwise escape federal review. Obstacles to NEPA’s
application to these urban land use changes can be overcome,
especially when cities are seen as evolving, complex systems
where a change to one neighborhood’s viability can ripple
outward, affecting other neighborhoods and sometimes the entire metropolitan area to its outermost boundaries and
beyond.
34 p.
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
2008-01-01T00:00:00ZJournal of Environmental Law & Litigation : Vol. 23, No. 1, p. 241-274 : Watering Down Federal Court Jurisdiction: What Role Do Federal Courts Play in Deciding Water Rights?Wood, Alexanderhttps://scholarsbank.uoregon.edu/xmlui/handle/1794/69762008-09-26T09:56:25Z2008-01-01T00:00:00ZJournal of Environmental Law & Litigation : Vol. 23, No. 1, p. 241-274 : Watering Down Federal Court Jurisdiction: What Role Do Federal Courts Play in Deciding Water Rights?
Wood, Alexander
Within the context of water rights issues, this Note discusses
how federal courts have analyzed Colorado River in deciding
whether to exercise jurisdiction or abstain because of
“exceptional circumstances.”8 Part I provides a brief overview of
judicially created abstention doctrines. Part II discusses the
tension among federal reserved water rights, the prior
appropriation doctrine, and a state’s authority over allocating its
own water. Part II also focuses on the reasons federal agencies
may choose to assert water rights claims in federal court and
how the McCarran Amendment has limited that choice.
Part III describes the Colorado River decision in detail and
analyzes how courts have applied and misapplied its doctrine
when resolving water rights issues. Part IV examines the
doctrine of prior exclusive jurisdiction, a narrow abstention
exception focusing on situations where the court that originally
adjudicated a water-rights determination, whether state or
federal, would have exclusive jurisdiction over all subsequent
adjudications concerning the same water body. Part V explains
how Colorado River abstention and the prior exclusive
jurisdiction doctrine connect in the realm of water rights conflicts. The Note concludes by providing a final assessment of
the subject at hand.
34 p.
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
2008-01-01T00:00:00Z