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Redwoods, Junk Bonds, and Tools of Cosa Nostra: A Visit to the Dark Side of the Headwaters Controversy

The February 2000 issue of the Environmental Law Reporter (ELR) carried an Article by Deputy Secretary of the Interior David J. Hayes relating the dramatic negotiations that led to the settlement of the Headwaters controversy, whereby the federal government agreed to buy the Pacific Lumber Company's (PALCO's) Headwaters Forest, a 7,500-acre tract of old growth redwood trees, in order to preserve it as a national park. Though I was one of the lawyers for PALCO, and thus my perspective of this affair understandably differs from Mr.

New Nonimpairment Policy Projected for the National Park System

From the enactment of the National Park Service Organic Act (the Organic Act or the Act) in 1916 until a 1998 decision by a federal district court in Utah, the National Park Service (NPS) had managed national parks without resolving theseeming contradiction between the Act's directive to conserve park resources "unimpaired" and its simultaneous directive to provide for visitors' "enjoyment" of those resources. Uncertainty, confusion, and disputes about the inevitably conflicting implications of these mandates were virtually guaranteed by the text of the Act, which requires the NPS to—

The National Trails System: A Model Partnership Approach to Natural Resources Management

Our magnificent 40,000-mile National Trails System was established by Congress under the National Trails System Act (NTSA) of 1968 through the combined efforts of President Lyndon Johnson, Secretary of the Interior Stewart Udall, and Sens. Henry M. Jackson (D-Wash.) and Gaylord Nelson (D-Wis.). Private and nonfederal public lands make up the lion's share of federally recognized long-distance trail corridors.

Great Lakes Water Exports and Diversions: Annex 2001 and the Looming Environmental Battle

On June 18, 2001, all eight governors of the Great Lakes states and the premiers of the two Canadian provinces bordering the Great Lakes basin gathered at the impressive Prospect Point in Niagara Falls to sign a sweeping joint declaration. Known as "Annex 2001," the document is a supplementary agreement to the Great Lakes Charter of 1985. But unlike the loose and informal charter, Annex 2001 commits this diverse and multipartisan group of political leaders to find a way to collectively manage the Great Lakes basin.

Gardner v. New Jersey Pinelands Comm'n

The court holds that zoning regulations of a state commission that limit the use of land in an environmentally sensitive area protected under federal law do not constitute an unconstitutional taking of private property. Congress established the Pinelands National Reserve in New Jersey under the Nati...

Board of County Comm'rs v. Water Quality Control Comm'n

The court holds that the statistical methodologies used by the Colorado Water Quality Control Commission in promulgating water quality standards for cadmium, lead, and silver in the North Fork of the South Platte River were not compatible with water quality data, and the standards are thus based on ...

El Pueblo Para el Aire y Agua Limpio v. Kings, County of

The court rules that the final environmental impact report that resulted in issuance of a conditional use permit for the construction and operation of a hazardous waste incinerator at the Kettleman Hills site in Kings County, California, was inadequate as an informational document under the Californ...

Armotek Indus. v. Employers Ins. of Wausau

The court, applying Pennsylvania law, holds that an insured cannot recover the costs of a state-mandated cleanup of hazardous waste under general liability insurance policies. The court first holds that Pennsylvania rather than New Jersey law applies. Pennsylvania was the place of contracting and pe...

Broderick Inv. Co. v. Hartford Accident & Indem. Co.

The court holds that under Colorado law, the pollution exclusion clause in a comprehensive general liability insurance policy bars coverage for environmental response costs sought by the U.S. Environmental Protection Agency (EPA) in connection with a wood product company's discharge of waste materia...