Jump to Navigation
Jump to Content


Volume 36, Issue 10 — October 2006


The Waiter at the Party: A Parable of Ecosystem Management in the Everglades

by Alfred R. Light

Editors' Summary: Adaptive management has emerged as a response to the complexity of environmental policy implementation. Development, regulatory advances and shortcomings, and other contextual nuances all conspire to complicate policymaking. In this Article, Prof. Alfred Light explores how to adapt to changing circumstances by adopting more flexible management strategies. He explains how horizontal, intergovernmental networks may facilitate policy implementation more efficiently and effectively than traditional legal or hierarchical structures. Using a case study of the Florida Everglades, he illustrates the inevitability of surprise and the importance of adaptive management for achieving results.

<i>Gayanashogowa</i> and Guardianship: Expanding and Clarifying the Federal-Tribal Trust Relationship

by Kavitha Janardhan

Editor's Summary: The Onondaga Nation of New York is currently involved in a lawsuit seeking to nullify a series of treaties executed by the state of New York and thereby assert title to over 3, square miles of land in Central New York State. The goal of the suit is to enforce an environmental restoration of culturally and historically significant aboriginal lands. In order to bring a claim against the state, the Nation must first compel the federal government to act on its behalf. By emphasizing distinctive features of Iroquois selfgovernment, Kavitha Janardhan suggests ways to expand the federal government's trust responsibility to protect cultural interests in land against state intrusion. To do so, she explores the complex tension between Euro-American conceptions of governance and the Native American, particularly Iroquois, law of Gayanashogowa, or the Great Law of Peace.

Buying the Way to a Better Gulf Fishery: Buybacks for Hurricane Relief and Fisheries Rationalization in the Gulf of Mexico

by Mike Pappas

Editors' Summary: Fishing stocks in the Gulf of Mexico have been dwindling for years, and in the aftermath of Hurricanes Katrina and Rita, the fishing industry has found itself in even deeper waters. But while the two hurricanes caused massive damage to fishing fleets and infrastructure, they may have also created an opportunity for reform in the way Gulf fisheries are managed. In this Article, Mike Pappas evaluates the use of a buyback program as a possible solution. After examining the problems of the Gulf fisheries both before and after the hurricanes, he looks at other buyback programs that have been successful elsewhere in the United States. He then analyzes the potential of a buyback program in the Gulf. He concludes that although buybacks may be a useful interim tool for improving fisheries in the Gulf, they are just one step toward recovery.

Should the Clean Air Act Be Used to Turn Petroleum Addicts Into Alcoholics?

by Arnold W. Reitze

Editors' Summary: The looming specter of climate change has sent industry racing to develop ways to reduce carbon emissions. Ethanol is one fuel now touted as a new and cleaner alternative to gasoline. Ethanol, however, already has a long history as a gasoline additive under the CAA's reformulated gasoline regulations. In this Article, Prof. Arnold W. Reitze explains the history of fuel additive requirements under the CAA, focusing on the particular problems of each type of gasoline additive. Exposing the cost-benefit deficiencies of ethanol as an alternative fuel, he reveals how the rise of ethanol is a result of political economy rather than sound science.

A Practitioner's Guide to Protecting Wetlands in a Post-<i>Rapanos</i> World

by Jim Farrell and Marie Quintin

Editors' Summary: The recent U.S. Supreme Court decision in Rapanos v. United States failed to clarify the murky area of federal jurisdiction under the CWA. Justice Scalia's plurality opinion, requiring a restrictive approach, and Justice Kennedy's concurrence, setting forth a "significant nexus" standard, created two different routes of jurisdictional analysis. In this Article, Jim Farrell and Marie Quintin first discuss how to interpret a plurality opinion. They then focus on Justice Kennedy's significant nexus test and outline a step-by-step process as well as factors to consider when determining whether a significant nexus exists.