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Mountaintop Mining and U.S. EPA's Proposed Rule Change: A Giant Step Backward for the Clean Water Act

Imagine that new neighbors move in next door and begin building an addition on their home that blocks the sun, crowds your property, and obstructs you view of the park down the street. Unpleasant? Now imagine that the rights to mine the...

Mitigation Banking as an Endangered Species Conservation Tool

A recent headline on the front page of the Wall Street Journal hailed the opening of the nation's first "butterfly bank."1 The "deposits" in this unusual bank are conservation credits earned by...

Tools for Regulating the Environmental Impact of Mining in the United States

Editors' Summary: Mining law in the United States is a complex patchwork of federal and state statutes and regulations. This Article provides a basic summary of that law. It begins with an overview of the mining industry. It examines...

The Salvage Timber Sales Law: A Serious Threat to Public Lands Management

Despite the recent furor over the environmental damage threatened by the Republican-dominated 104th Congress, the so-called salvage logging bill—a rider on a budget-rescissions bill1—so far is one...

Federal Wetland Mitigation Banking Guidance: Missed Opportunities

 

In November 1995, five federal agencies—the U.S. Army Corps of Engineers (the Corps), the U.S. Environmental Protection Agency (EPA), the Natural Resources Conservation Service, the Fish and Wildlife Service (FWS), and the...

High Hopes and Failed Expectations: The Environmental Record of the 103d Congress

When the 103d Congress convened on January 5, 1993, many observers believed that it would make up for the dismal environmental record of its predecessor. The 102d Congress had tried and failed to reauthorize the Federal Water Pollution...

The Legislative Environmental Impact Statement: An Analysis of Public Citizen v. Office of the U.S. Trade Representative

At its heart, the National Environmental Policy Act (NEPA)1 is an informational statute. Designed to make Congress and the public the beneficiaries of environmental impact information for all major federal...

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