Volume 27, Issue 3
Fall 1997
SYMPOSIUM ON HABITAT CONSERVATION PLANS
Reshaping
Habitat Conservation Plans for Species Recovery: An Introduction to a Series of
Articles on Habitat Conservation Plans
John
Kostyack
Mr. Kostyack introduces a series of articles on
habitat conservation planning and proposes ways to improve the habitat
conservation planning process.
The
No Surprises Policy: Contracts 101 Meets the Endangered Species Act
Donald
C. Baur & Karen L. Donovan
Mr. Baur and Ms. Donovan discuss the No Surprises
Policy. They argue that the Policy and habitat conservation planning are
essential to promoting the goals of the Endangered Species Act.
Can
We Conserve California's Threatened Fisheries Through Natural Community
Conservation Planning
John
M. Gaffin
Mr. Gaffin evaluates past implementation of
California's Natural Community Conservation Planning Act. Mr. Gaffin concludes
that the current NCCP process is not likely to provide adequate protection for
endangered species.
Using
Habitat Conservation Plans to Implement the Endangered Species Act in Pacific
Coast Forests: Common Problems and Promising Precedents
Daniel
A. Hall
Mr. Hall discusses the problems and promises of
habitat conservation planning and gives a broad review and critique of the
plans covering forestland in the Pacific Northwest.
The
Embattled Social Utilities of the Endangered Species Act-A Noah Presumption and
a Caution Against Putting Gasmasks on the Canaries in the Coalmine
Zygmunt
J.B. Plater
Professor Plater discusses the often overlooked, yet
vitally important, role of endangered species as social indicators.
COMMENT
FERC's
Abdication of Jurisdiction Over Hydroelectric Dams on Nonnavigable Rivers: A
Potential Setback for Comprehensive Stream Management
Max
J. Mizejewski
Mr. Mizejewski examines the recent abdication of
jurisdiction by the Federal Energy Regulatory Commission over two hydroelectric
projects. Mr. Mizejewski concludes that the Commission's recent reversal on the
extent of its own jurisdiction is both a violation of the Commission's
directive and a threat to the protection of our nation's waters.
ESSAY
Fairness
in Environmental Law
Richard
J. Lazarus
Professor Lazarus's essay is based on his speech
presented at the Natural Resources Law Institute's 1996 Distinguished Visitor
Lecture on October 3, 1996. Professor Lazarus discusses fairness in
environmental law in the context of environmental justice, private property
rights, and environmental crime.
1996 NINTH CIRCUIT ENVIRONMENTAL REVIEW
An
Inapt Fiction: The Use of the Ex Parte Young Doctrine for Environmental
Citizen Suits Against States After Seminole Tribe
Courtney
E. Flora
Ms. Flora analyzes the current use in the Ninth
Circuit of the Ex Parte Young doctrine in the wake of the Supreme
Court's Seminole Tribe and Coure d'Alene decisions. Ms. Flora
argues that the use and extent of the Ex Parte Young doctrine needs
clarification because it is an important tool for environmental citizen suits.
How
Far Should the Bar on Citizen Suits Extend Under § 309 of the Clean Water Act?
Heather
L. Clauson
Ms. Clauson examines section 309 of the Clean Water
Act which allows certain administrative enforcement actions to preclude citizen
suits. Ms. Clauson urges Congress to address a split in the circuits by
clarifying the statute's language to allow a more uniform application of the
section's bar on citizen suits.
Are
Insignificant Emissions Significant? Western States Petroleum Ass'n v. EPA:
The Air Operating Permit Program of the Clean Air Act
Todd
B. Westersund
Mr. Westersund reviews the recent Ninth Circuit
decision in Western States which held the EPA abused its discretion in
failing to approve the State of Washington's Title V program. Mr. Westersund
argues that Washington's program meets the goals of Title V and is a model for
other such programs.