Journal of Environmental Law & Litigation : Vol. 22, no. 1 (Spring 2007)
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Item Open Access Journal of Environmental Law & Litigation : Vol. 22, No. 1, p. 201-224 : Keynote Address: We Must Take America Back(University of Oregon School of Law, 2007) Kennedy, Robert F. Jr.Item Open Access Journal of Environmental Law & Litigation : Vol. 22, No. 1, p. 001-048 : Hydropower Reform and the Impact of the Energy Policy Act of 2005 on the Klamath Basin: Renewed Optimism or Same Old Song?(University of Oregon School of Law, 2007) Amos, Adell L.Focusing on the Klamath Basin, this Article examines the major hydropower relicensing provisions of the Energy Policy Act of 2005;6 evaluates the relevant provisions of the Department of Interior’s implementing regulations for section 241 of the Energy Policy Act; and discusses two significant opinions, one administrative and one judicial, that will undoubtedly impact the water users and managers in the Basin. Finally, the Article briefly discusses factors outside of the FERC relicensing process, including the resolution of the legal challenge to the 2001 water curtailment, the results of the challenge to the most recent biological opinion for the coho salmon in the Klamath River, and the pending Fifth Amendment Takings litigation in the Court of Federal Claims that may also contribute to a changed dynamic among the various stakeholders.Item Open Access Journal of Environmental Law & Litigation : Vol. 22, No. 1, p. 225-230 : New Books [book reviews](University of Oregon School of Law, 2007)Reviews of the following books: Environmental Aspects of Real Estate and Commercial Transactions: From Brownfields to Green Buildings, Third Edition / edited by Edited by James B. Witkin Section of Environment, Energy, and Resources, Section of Real Property, Probate and Trust Law, American Bar Association -- Amending CERCLA: The Post-SARA Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act / by Michael B. Gerrard and Joel M. Gross Section of Environment, Energy, and Resources, American Bar Association -- Salmon 2100: The Future of Wild Pacific Salmon / edited by Robert T. Lackey, Denise H. Lach, and Sally L. DuncanItem Open Access Journal of Environmental Law & Litigation : Vol. 22, No. 1, p. 197-200 : Welcome Speech to the Twenty-Fifth Annual Public Interest Environmental Law Conference: Cultivating Corridors for the People: The Next Twenty-Five Years(University of Oregon School of Law, 2007) Welcker, ZachItem Open Access Journal of Environmental Law & Litigation : Vol. 22, No. 1, p. 153-196 : The Pacific Salmon Treaty: A Historical Prescription for the Future(University of Oregon School of Law, 2007) Williams, AustinWhile the Pacific Salmon Treaty was reauthorized in 1999 (1999 Agreement), management of Pacific salmon under the Treaty has remained contentious and many salmon populations have continued to decrease in abundance. Moreover, the longterm fishing arrangements originally established under the 1999 Agreement are nearing expiration.10 As such, this Note seeks to inform future negotiations on Pacific salmon management through an analysis of past failures and successes, and the identification of possible solutions to foreseeable challenges. Part I summarizes the historical developments in Pacific salmon management and international agreements leading up to the 1985 Treaty. Part II identifies many of the threats to Pacific salmon. Part III analyzes the circumstances surrounding the 1985 Treaty’s signing, as well as its collapse. Part IV discusses the reauthorization of the 1999 Agreement. Finally, part V highlights the current challenges facing Pacific salmon management and outlines possible solutions to the ongoing disputes over salmon in the Pacific Northwest.Item Open Access Journal of Environmental Law & Litigation : Vol. 22, No. 1, p. 131-152 : Protecting the Tribal Harvest: The Right to Catch and Consume Fish(University of Oregon School of Law, 2007) O'Neill, Catherine A.Many of the waters and fish species relied upon by tribal peoples are contaminated. Dioxins, PCBs, methylmercury, and a litany of pollutants toxic to humans and other living things have compromised the health of the Columbia River Basin,1 where we are gathered, as well as other watersheds throughout the Pacific Northwest. This widespread contamination poses a particular threat to many Native peoples. Historically and in contemporary times, members of these fishing peoples consume more fish, at greater frequency, and in accordance with different cultural practices than the general population. Because fish consumption is the primary route of exposure to many of these toxic contaminants, Native peoples are among the most highly exposed.Item Open Access Journal of Environmental Law & Litigation : Vol. 22, No. 1, p. 049-130 : Dams, Water Reforms, and Endangered Species in the Klamath Basin(University of Oregon School of Law, 2007) Spain, GlenThis Article is an overview of some of the major water conflicts in the Klamath Basin, how these conflicts are being shaped by the ESA, and how these important policy issues and conflicts are being dealt with by the federal court system, the George W. Bush administration, and Congress. It is hoped that the lessons to be learned from the Klamath Basin can help foster similar reforms elsewhere.