In recent years, the National Marine Fisheries Service (NMFS) and Secretary of Commerce have accumulated hundreds of lawsuits challenging fisheries management rules made by the agency. Litigation is not new to these parties; controversy has pervaded fisheries management since the 1976 passage of the primary U.S. fisheries statute—the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Act).¹ However, the magnitude of litigation has reached historic levels in the years since its 1996 Amendments.

While scores of western commentators criticize the nontransparency¹ of the World Trade Organization (WTO) in their examination of "green" trade-environment issues, they often ignore the linkage between domestic politics in powerful states and international trade measures. Consciously or unconsciously, they blur this crucial linkage that divides WTO members and exacerbates conflicts and scuttles them to the WTO in the first place.

Sovereignty: a: supreme power especially over a body politic;

b: freedom from external control.¹

Jurisdictional issues have been a part of the lives of Native Americans since before the Indian wars and continue to be at the center of all disputes involving both their environment and their natural resources. Modern jurisdictional issues usually concern sovereignty, treaties, and the rights of states and tribal courts. More recently, transboundary issues have become a part of environmental disputes.

In January 2001, the U.S. Supreme Court, in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC),¹ held that the U.S. Army Corps of Engineers (the Corps) lacks jurisdiction under the Clean Water Act (CWA) to require landowners and developers to obtain § 404 permits to dredge or fill isolated ponds and wetlands which are not navigable and not connected to navigable waters, but are used by migratory birds that fly across state lines.

What can we learn about the use of the criminal negligence provisions of the federal Clean Water Act (CWA) by reviewing prior environmental crimes cases brought by the federal government? In an effort to answer that question, the authors have completed the first ever statistical analysis of all federal criminal negligence prosecutions brought since the CWA Amendments of 1987 created separate felony and negligence provisions. The results of that analysis are described below. It reveals clear patterns to past charging decisions of federal prosecutors, and suggests likely future trends.

This discussion is divided into two parts. The first, which addresses takings of private water rights, makes the following points: government regulation of private property for a public purpose, such as protection of species, raises important constitutional questions concerning whether a compensable "taking" of private property has resulted. This section discusses the property and liberty interests that arise when legislation or regulation is used as a reason for the government to breach a contract to provide water to farmers. It concludes by suggesting that the U.S.

On April 23, 2002, the U.S. Supreme Court issued its long-awaited decision in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency.¹ Commentators and land use planners were dreading the decision, fearing that the Court would continue its 15-year pattern of increasing property protections at the expense of state and local governments engaged in land use planning. But in a surprising moment, the Court ruled 6-3 in favor of the Tahoe Regional Planning Agency's nearly three-year moratorium on all development within the Lake Tahoe basin.

This Dialogue explores the legal and regulatory implications of the discovery, through more precise detection technology, of the presence of pharmaceuticals and personal care products (PPCPs)¹ and endocrine disrupting compounds (EDCs) in the environment, particularly in surface water and public water supplies. The effects of drugs and hormones and other PPCPs on aquatic life, and the effects of unintended human exposure, are largely unknown.²

On April 23, 2002, the U.S. Supreme Court released its decision in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency,¹ ruling 6 to 3 that a temporary prohibition of the use of land does not effect a taking for which compensation is due under the Takings Clause of the U.S. Constitution. While it was widely anticipated that the Court would use Tahoe-Sierra to clarify some of the murkier areas of regulatory takings jurisprudence, the decision answers very few questions and obscures many others.

Introduction: Too Little Attention to Economic Underpinnings of Penn Central Test