Welcome

Established 1969. As the nation’s oldest law review dedicated solely to environmental issues, Environmental Law is a premier legal forum for environmental and natural resources scholarship. Online you will find selected articles and essays from our print journal, an archive of our 9th Circuit case review and you can share your thoughts on what you see here by posting comments and engaging in an online conversation with other legal minds. Check back for new online-only content (short articles and news updates) in the near future.

Environmental Law and the companion online journal are published quarterly by the students of Lewis & Clark Law School, 10015 S.W. Terwilliger Blvd., Portland, OR 97219, in the Spring, Summer, Fall, and Winter. The views expressed in the volumes and online do not necessarily reflect those of the editorial boards.

Articles

Coming to Terms with Wilderness: The Wilderness Act and the Problem of Wildlife Restoration

The Wilderness Act of 1964 calls for the preservation of certain areas in their natural, untrammeled condition. Even as wilderness preservation continues to be among the most popular of environmental causes, federal land management agencies have encountered various dilemmas in ... Read More →
Monumental Seascape Modification Under the Antiquities Act

This Article is the first to explore an alternate means to modify and protect existing national marine sanctuaries when Congress fails to to do so. The 1972 National Marine Sanctuaries Act is the only federal legislation that provides for the ... Read More →
Frayed Seams in the “Patchwork Quilt” of American Federalism: An Empirical Analysis of Invasive Plant Species Regulation

Implementation of certain state and federal renewable energy mandates will require development of new, higher-yielding plant resources. However, many invasive plant species share biological characteristics with ideal biomass feedstocks, such as rapid growth and ability to outcompete local vegetation, prolific ... Read More →

Case Summaries

Team Enterprises, LLC v. Western Investment Real Estate Trust, 647 F.3d 901 (9th Cir. 2011)

Plaintiff-Appellant Team Enterprises, LLC (Team), the operator of a dry-cleaning store, sued several entities,[1] including Defendant-Appellee R.R. Street & Co. (Street), the manufacturer of a device that distills perchlorethylene (PCE) from dry-cleaning wastewater. Team sought contribution for the cost of remediating ... Read More →
Redevelopment Agency of the City of Stockton v. BNSF Railway Co., 643 F.3d 668 (9th Cir. 2011)

Plaintiff-Appellee-Cross-Appellant the Redevelopment Agency of the City of Stockton, California (Agency) filed suit against Defendants-Appellants-Cross-Appellees BNSF Railway Company and Union Pacific Railroad Company (Railroads), seeking cost recovery and an injunction related to a contaminated parcel of land. The Railroads removed ... Read More →
Pakootas v. Teck Cominco Metals, Ltd., 646 F.3d 1214 (9th Cir. 2011)

Joseph Pakootas and Donald Michel, members of the Confederated Tribes of the Colville Reservation, together with the State of Washington (collectively Pakootas) sued Teck Cominco Metals, Ltd. (Teck Cominco) seeking penalties for violations of a cleanup order issued under the ... Read More →