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Recovering From Katrina and Rita: Environmental Governance Lessons Learned and Applied

Editors' Summary: The devastation and toll in human life and suffering from Hurricanes Katrina and Rita are still revealing themselves. Some believe much of this was preventable, and that steps must be taken today to ensure that the recovery from these disasters leaves the Gulf Coast and its residents with greater economic, social, and environmental security. On October 17, 2005, ELI invited members and friends who had a front seat to the events leading up to this disaster, and who will play a key role in the recovery, to share their thoughts and experiences.

Restoring the Abundant Trust: Tribal Litigation in Pacific Northwest Salmon Recovery

Editors' Summary: Tribal fishing economies that survived thousands of years are now on the brink of collapse. Tribal harvest in the Columbia Basin today is less than 1% of what it was in aboriginal times, and in the Puget Sound region, tribal harvest has plummeted 90% from levels in the mid-1980s. Native American tribes, therefore, are now forcing the courts to confront the issue. In this Article, Prof. Mary Christina Wood explores three pending cases in which tribes are seeking protection of their fisheries in the Pacific Northwest.

Comparative Analysis of Air Pollution Trading in the United States and China

Editors' Summary: As in the United States, acid rain is becoming quite problematic for the People's Republic of China. Unlike the United States, however, China does not have a comprehensive trading program for controlling sulfur dioxide (SO2), a primary cause of acid rain. After comparing the different legal regimes of China and the United States, Heather Jarvis and Wei Xu examine the U.S. acid rain SO emissions cap-and-trade program.

The International Treaty on Plant Genetic Resources for Food and Agriculture: Potential Mechanisms for Ensuring Compliance and Resolving Disputes

Editor's Summary: Plant genetic resources are essential to feeding the world's population. With the goal of guaranteeing food security through the conservation, exchange, and sustainable use of the world's plant genetic resources for food and agriculture, as well as the fair and equitable benefit sharing arising from its use, the Food and Agriculture Organization of the United Nations adopted the International Treaty on Plant Genetic Resources for Food and Agriculture in November 2001, after seven years of negotiation.

Fictional Credits or Progressive Action? Seattle Utility's Greenhouse Gas Offset Program Goes to Court

Editor's Summary: Several cities have developed innovative initiatives to combat global warming in the absence of concerted federal regulatory action. One such city is Seattle, Washington. In April 2000, the city directed its municipal utility, Seattle City Light, to achieve zero net greenhouse gas emissions through efficiency, renewable energy, and offsets. In July 2001, City Light became the first U.S. utility to commit to reaching zero net greenhouse gas emissions. Yet this program has not come without its challenges.

Lessons in State Implementation of Marine Reserves: California's Marine Life Protection Act Initiative

Editors' Summary: The oceans are one of earth's most valuable natural resources, yet they continue to be threatened by pollution, overfishing, habitat destruction, and coastal sprawl. Marine reserves, discrete areas of the ocean where no extraction of marine life is allowed, offer a powerful tool for protecting species and ecosystem health. Although most efforts at implementing marine reserves in the United States are taken at the federal level, several states, including California, have developed their own marine reserve programs. In this Article, Capt.

Getting Into the Act: Enticing the Consumer to Become "Green" Through Tax Incentives

Editor's Summary: Surveys show that the public will choose green alternatives if given the chance, yet average consumers are not making environmentally friendly choices in their everyday lives. In this Article, Profs. Roberta Mann and Mona Hymel examine this conundrum in the context of energy use and argue that well-designed tax incentives can encourage green behavior. After examining the elements necessary to create market demand, Mann and Hymel set forth the basic principles of a successful tax incentive program.

Ossifying Ossification: Why the Information Act Should Not Provide for Judicial Review

Editors' Summary: The Information Quality Act (IQA) was created to ensure the "quality, objectivity, utility, and integrity" of information disseminated by federal agencies. Although the Act's implementation guidelines allow for an administrative appeal process, the IQA does not provide for judicial review. Thus far, the courts have rejected claims for judicial review of agency IQA decisions. Those who support a broad reading of the Act, therefore, are likely to seek legislative relief. In this Article, Margaret Clune argues against allowing judicial review of IQA requests.

Radioactive Warfare: Depleted Uranium Weapons, the Environment, and International Law

Editor's Summary: No one can deny the terrible toll that a nuclear bomb has on humans and our environment. But what about the impacts of weapons containing depleted uranium (DU), a low-level radioactive waste product? A number of countries, including the United States, have used DU munitions during times of war. In this Article, Prof. Robert Thompson discusses the health and environmental impacts of DU munitions. He also examines international laws and guiding principles, including the Hague and Geneva Conventions, which may be helpful in addressing DU contamination.

Some Thoughts on the Interdisciplinary Aspects of Environmental Enforcement

Editor's Summary: A multitude of parties are involved in the enforcement of environmental laws. While attorneys, scientists, investigators, and other trained professionals working at the federal, state, and local level are all necessary to ensure compliance, the effective enforcement of environmental laws requires teamwork. In this Article, Prof. Joel Mintz explores this issue, focusing on environmental enforcement personnel within EPA.