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Endangered Species

Conduit to Tribal and Environmental Justice? Unpacking Washington v. United States

Popularly referred to by the general public in Washington State as “the culvert case,” Washington v. United States (“Washington V”) has ramifications beyond the removal of barrier culverts precluding safe fish passage. This case brought together several lingering and hotly contested legal issues

Jan 14, 2019

FERC Relicensing and Its Continued Role in Improving Fish Passage at Pacific Northwest Dams

 Skylar Sumner* This post is part of the Environmental Law Review Syndicate (ELRS).  I. Introduction The history of the American west is inextricably intertwined with damming rivers.[1] Whether for navigation, irrigation, or hydroelectric power, nearly every American river has been dammed.[2] In fact, stretching back to the day the Founding Fathers signed the Declaration of Independence,

Repurposing Ecolabels: Consumer Pressure as a Tool to Abate Human Rights Violations in International Fisheries

Andrew Miller Andrew Miller is the 2017-2018 Senior Articles Editor for Ecology Law Quarterly. This post is part of the Environmental Law Review Syndicate (ELRS).  [ Click Here to Comment ] [ download PDF ] Introduction In March of 2015, the Associated Press (AP) published AP Investigation: Slaves May Have Caught the Fish You Bought.[1]

Science and Deference: The “Best Available Science” Mandate is a Fiction in the Ninth Circuit

Elizabeth Kuhn  Elizabeth Kuhn is a 3L at Lewis & Clark Law School. This post is part of the Environmental Law Review Syndicate (ELRS). I.       Introduction Many recent decisions by the Ninth Circuit[1] have required the court to review agency actions under the Administrative Procedure Act[2] (APA) arbitrary or capricious standard.[3]  The Supreme Court has

Oct 21, 2016