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Ohio Forestry Ass'n v. Sierra Club

The Court holds that an environmental group's challenge to a U.S. Forest Service land and resource management plan (LRMP) for Wayne National Forest in Ohio is not yet ripe for review. The environmental group brought suit alleging that the Forest Service's approval of the Wayne National Forest LRMP v...

Newton County Wildlife Ass'n v. Rogers

The court upholds the U.S. Forest Service's approval of four timber sales in the Ozark National Forest. A coalition of environmental groups sued the Forest Service to enjoin or set aside the timber sales. The court first holds that the district court did not abuse its discretion by limiting its revi...

Kettle Range Conservation Group v. U.S. Forest Serv.

The court holds that the U.S. Forest Service's consideration of a fire's effects on a proposed timber sale in the Colville National Forest in Washington was not arbitrary and capricious. After a fire burned 10,000 acres, including 133 acres of the proposed timber harvest area, the Forest Service pre...

The Roads More Traveled: Sustainable Transportation in America—Or Not?

There can be no sustainable development without sustainable transportation. It is an essential component not only because transportation is a prerequisite to development in general but also because transportation, especially our use of motorized vehicles, contributes substantially to a wide range of environmental problems, including energy waste, global warming, degradation of air and water, noise, ecosystem loss and fragmentation, and desecration of the landscape. Our nation's environmental quality will be sustainable only if we pursue transportation in a sustainable way.

Cutting Science, Ecology, and Transparency Out of National Forest Management: How the Bush Administration Uses the Judicial System to Weaken Environmental Laws

The Defenders of Wildlife Judicial Accountability Project—undertaken with the assistance of the Vermont Law School Clinic for Environmental Law and Policy—seeks to fill a data void on the environmental record of President George W. Bush and his Administration by analyzing all reported environmental cases in which the Bush Administration has presented legal arguments regarding an existing environmental law, regulation, or policy before federal judges, magistrates, or administrative tribunals.

The Supreme Court Restricts the Availability of Forest-Wide Judicial Review in Ohio Forestry Association v. Sierra Club

Editors' Summary: This past summer, the U.S. Supreme Court rendered its decision in Ohio Forestry Ass'n v. Sierra Club, 118 S. Ct. 1665, 28 ELR 21119 (1998). The Court held that an environmental group's challenge to a U.S. Forest Service land and resource management plan for the Wayne National Forest in Ohio was not ripe for review. This Article examines how this decision affects the rules for judicial review of national forest plans.

Pfiesteria Piscicida: A Regional Symptom of a National Problem

Editors' Summary: Pfiesteria piscicida, a sometimes toxic microorganism, is responsible for the death of millions of fish in Delaware, Maryland, North Carolina, and Virginia. Although the problem of Pfiesteria-related fish kills is associated with the Mid-Atlantic region, other toxic microorganisms have threatened fish and marine wildlife throughout the world. Scientists attribute this "global epidemic" of toxic microbes to excessive nutrient loading from nonpoint sources of pollution.

Markets, Mechanisms, Institutions, and the Future of Water

Water scarcity is no longer a threat, it is a reality. Increasing populations throughout the country and the world are putting increased pressure on existing supplies of freshwater. Cities, states, and regions are scrambling to find solutions to this burgeoning problem. The impact of drought, which has been felt not only in the typically dry Southwest, but also in the humid Southeast this past summer, compounds the problem. So, what mechanisms evolve to help alleviate the problem?

The Riches of the Desert: Can the Bureau of Land Management Reject a Mining Operation Based on Historic and Cultural Concerns?

At first glance, the California Desert Conservation Area (CDCA) is a 25-million-acre expanse of sand dunes, brush lands, rock formations, and loneliness and desolation. However, a cursory look at the landscape belies the desert's significant historical, scenic, archeological, environmental, biological, cultural, scientific, educational, recreational, and economic resources" that the U.S. Congress recognized when it dedicated the area in 1976.

Maricopa-Stanfield Irrigation & Drainage Dist. v. United States

The court holds that the federal government's reallocation of excess water to a Native American tribe did not constitute a taking of irrigation districts' water rights. A 1984 federal statute directed a permanent annual supply of water to a Native American tribe and apportioned the excess water to a...