Volume
28, Issue 3
Fall 1998
REMARK
Overcoming the Seven Myths of Columbia River Salmon Recovery
William Stelle, Jr.
In an attempt to be both provacative and
constructive, Mr. Stelle provides frank commentary exposing the less-than-clear
truth behind several stated assumptions commonly repeated by the many interests
involved in salmon recovery in the Columbia River Basin.
ARTICLES
Return to the River: An Ecological Vision for the Recovery of the
Columbia River Salmon
The Independent Scientific Group
The Independent Scientific Group recommends the
adoption of a salmon life history ecosystem concept as a guiding foundation to
foster recovery of depressed salmon stocks in the Columbia River Basin.
Local Regulation of Natural Resources: Efficiency, Effectiveness, and
Fairness of Wetlands Permitting in Massachusetts
Cymie Payne
Ms. Payne analyzes the Massachusetts system of
wetlands regulation by conservation commissions. By describing the commissions'
history and functions, and evaluating their effectiveness, Ms. Payne concludes
the commissions are an effective means of slowing wetlands destruction and
managing natural resources.
1997 NINTH CIRCUIT ENVIRONMENTAL REVIEW
Is Equity for Fish and Wildlife a Real Possibility under the Northwest
Power Act?
Amy J. MacKenzie
Ms. MacKenzie discusses the Northwest Power Act and
its requirement that the Bonneville Power Administration (BPA) treat fish and
wildlife equitably when allocating water. Ms. MacKenzie discusses the meaning
and role of equitable treatment, and suggests mechanisms by which BPA and the
courts can determine whether the equitable treatment mandate is being met.
Critical Habitat Designation under the Endangered Species Act: A Road to
Recovery?
Jack McDonald
Mr. McDonald discusses a recent Ninth Circuit ruling
setting a higher standard for the Fish and Wildlife Service in determining if
critical habitat should be designated upon listing a species under the
Endangered Species Act. Mr. McDonald argues that critical habitat designation
is not only required by the ESA in all but the rarest circumstances, but is an
important component of recovery under the Act.
In re the Exxon Valdez Alaska Native Class v. Exxon Corp.:
Cultural Resources, Subsistence Living, and the Special Injury Rule
Christopher V. Panoff
Mr. Panoff examines the special injury rule and its
application in the context of Alaska Natives claiming damage to their
subsistence way of life. Mr. Panoff argues that although the Ninth Circuit's
decision to dismiss the claim was supported by precedent, the court passed on a
clear opportunity to abandon the troubled special injury rule.
The Whittier Road Case: The Demise of Section 4(f) Since Overton
Park and Its Implications for Alternatives Analysis in Environmental Law
Matthew Singer
Section 4(f) of the Transportation Act
prohibits federal funding of road construction through parks and recreation
areas unless there are no feasible alternatives. In recent years, courts have
carved an exception to section 4(f), by permitting agencies to reject
alternatives because they do not meet the stated purpose for a project, instead
of forcing agencies to show that avoidance alternatives present unique problems
or truly unusual factors, as the Supreme Court did in Overton Park.
Classifying CERCLA Claims: A Critique of Pinal Creek v. Newmont
Mining
Tamara A. Taylor
Ms. Taylor examines the propriety of allowing
potentially responsible parties (PRPs) under CERCLA to bring cost recovery
actions against other PRPs. Ms. Taylor argues that in its recent decision, Pinal
Creek v. Newmont Mining Corp., the Ninth Circuit should have followed the
lead of other circuits and allowed the plaintiff PRP to bring suit for cost
recovery under section 107 of CERCLA.