Land Land Land Land Land AirAirAirAir WWWWWateraterateraterEnvironm - PDF document

1 Land Land Land Land Land AirAirAirAir
Land Land Land Land Land AirAirAirAir WWWWWateraterateraterEnvironmental Law SocietyBrings Brings Brings Brings Brings YYYYouououou The 24th Annual Environmental Law Conference will take place March 2-5, 2006 at the Univer-sity of Oregon School of Law (1515 Agate St.). The oldest and largest conference of its kindpromises to live up to its reputation as the world’s premier gathering for environmental attorneysand activists. For more information, including keynoter biographies, pa

2 nel and workshopschedules, housing, trav
nel and workshopschedules, housing, travel, and registration forms, please see our website at: www.pielc.org Toward a Global Public Trust The 24th Annual Public Interest Sue and Settle Tactics Change BLM Plans By Pam Hardysettlement with the timber industry, it“O&C Lands.” What they did notCircuit. The settlement arose from aO&C Act – a question that had beenNonetheless the timber industry, underres judicatagrounds. Latin for “the thing has beenjudged,” the D.C. District Court’s ru

3 lingsame parties. There was everyres ju
lingsame parties. There was everyres judicata ruling. Butgovernment caved. BLM agreed to re-about to win on appeal. It reviews theforum. Finally it puts this new RMP1. The O&C Lands Actmillion acres of forest lands in WesternOregon. Most of that, more than 2the Oregon and California Lands Actof 1937 (O&C Lands Act). 43 U.S.C.§ 1181a. O&C lands are hotly debatedThe Act gave management be managed be managedof sustained yield for the purposeof providing a permanent sourceof timb

4 er supply, protectingflow, and contribut
er supply, protectingflow, and contributing to the, and contributing to theId.For 1937 it was a remarkablyforward looking act. Apparently long-term sustainability, watershedrecognized then, as now, as criticalelements of a healthy economy. Theyear. For the next fifty years productioncontinued to increase. At the height ofyear.Air, Clean Water, and EndangeredSpecies Acts were passed. In thelaws. Specifically the Spotted Owl, aThe Northwest Forestattempted to reserve someold growt

5 h and habitat,protect riparian areas,and
h and habitat,protect riparian areas,and still provide the O&C lands existed. Because this5. The Current SituationThat is simply not true. The BLM hadres judicata claim in the D.C.In August 2005, the BLM issued athe American Forest ResourceCouncil, and other parties. Theviolating the O&C Land ActThe O&C Lands Act directed thehad already been held to be invalid. ItLands Act. They are also subject toAct. They also blatantly failed tomention that the O&C Lands Act alsores judicata

6 ruling. They also case, but not the get
ruling. They also case, but not the getting a second, third, and fourth. TheyCircuit, and a third time in WashingtonD.C. Yet for some reason the U.S.process. The next battle for the oldopinion. Perhaps this story ininvestigations in Washington will helpyard. While no one loved thetumultuous days of the late ‘80s beforeFor more information visit: http:// .oregonheritageforests.or g/ or http://www .blm.gov/or/plans/wopr conservation measures. CRESA at 48,line 1-12. There is no

7 review of theharm. These provisions wo
review of theharm. These provisions would allow CRESA at 48.the species protection. Just as thetraded companies to limit corporateabuse, the Fish and Wildlife Service andprotected. Agency roles should be2) Compensation forthis provision “conservation aid.” Thethis provision “conservation aid.” TheAid is to be no less than the fair marketvalue use that was proposed by theproperty owner.” TESRA at 62, line13. That is, the federal governmentthe landowner, such as retaining ripar

8 ianESA on private property. However,ha
ianESA on private property. However,habitat. “[C]osts paid or incurred… inhabitat. “[C]osts paid or incurred… inapproved conservation and recoveryagreement” can be compensated via taxbreaks. CRESA at 57, line 12-17.developers to comply with the law.Environmental Policy Act (NEPA).CRESA at 54, line 11-23.ESA and NEPA will have a tremendousimpact on the federal budget. Initialconservation agreements, recoveryenforcing the law. A similarrequiring State and local governmentsuse law

9 s. Due to budget deficits,established l
s. Due to budget deficits,established land use laws. With the3) Eliminates HabitatESA. TESRA ignores the crucial roleprovisions of the Act. TESRA at 8, line4. Critical habitat is the area “essentialfor the conservation of the species.” 16USC § 1532(5). As stated in a recentBioScience study, species for whichlikely to be on the road to recovery.Taylor , BioScience 55: 360-367(April 2005). In the place of the criticalconservation of the species.” TESRAprotection to these areas,

10 and allowsinterest to endangered specie
and allowsinterest to endangered species. TESRAline 7-10. Unlike the ESA, CRESA Page 13 Note: A version of the following articles will appear in Earthjustice’s forthcoming , as presented to the Commission on Human Rights for the United Nations in Geneva, to behttp://www.earthjustice.org/regional/international, under “Right to a Healthy Environment.”By Pamela Orensteincoastal plain bordering the Arctic Oceanthe Porcupine caribou herd. Thein a delicate balance. The herd and itsSacr

11 ed Place Where All Life Begins.”and oil
ed Place Where All Life Begins.”and oil and gas companies to be openedthe Gwich’in. Moreover, Congressionalconstant struggle for energy security.The U.S. Fish and Wildlife ServiceArctic Refuge Coastal Plain,Terrestrial Wildlife Research0001 (2002). The Porcupine caribouloss and fragmentation. Habitatreproduction. National Academy ofCumulative EnvironmentalAlaska’s North Slope (2003). Buildingroads and oil well pads in ANWR wouldshortened growing season that is moreThe Arctic Wild

12 erness first receivedEisenhower’s Presid
erness first receivedEisenhower’s Presidency. The size ofthe protected area was then doubledunder the Carter Administration, andwas renamed the Arctic NationalWildlife Refuge (ANWR). ArcticAct, 94 Stat. 825 (1980). The coastalthe Gwich’in has since been off limits todevelopers, as it falls within ANWR’s19 million acre boundary. However, infor the Fiscal Year 2006. The resolutionRepresentatives. While non-binding, it Arctic Drilling Threatens the Caribou People “The Gwich’in are

13 caribou people… Our whole way of life a
caribou people… Our whole way of life as a people is tied to the Porcupine caribou. Itis in our language, and our songs and stories.” Sarah James, Board Member, Neet’sai Gwich’in plain to drilling threatensthe breeding grounds ofthe porcupine caribouherd and threatens theculture and livelihood of budget resolution. Passage of the budgetresolution including the ANWR provisionbe immune from filibuster. The effortto include language opening ANWR inthe bill. A second major attempt t

14 o openDefense Appropriations Bill. The
o openDefense Appropriations Bill. The move,however, was not immune to filibuster.Proponents for drilling in ANWR fellBill with the language to open ANWRHurricane Katrina’s disruptions to oildrilling in the Arctic Refuge. However,gallon of gas or help consumers. WhileANWR may hold one of the nation’s bestemphasize that America’s petroleumconsumption is enormous. According tothe Wilderness Society, the amount ofa six-month supply for Americanconsumers. Even less natural gas occurs

15 demand. Moreover, oil from the refugepe
demand. Moreover, oil from the refugepercent of U.S. demand for oil. Lastly,availability. Thus, even if the highestof oil. Perhaps most importantly, drillingour country’s long-term energy problem.While opening ANWR may haveat what cost. Moreover, it is equallywill be distributed. Despite theirsecurity. Increased human activity andresource extraction will bring devastatingimpacts to their aboriginal land. Theand water. Adverse human healthThe Gwich’in’s fundamental right tocom

16 promised. Althoughresources from the Ar
promised. Althoughresources from the Arctic, the Gwich’indiscussion. Most of the Congressionalwildlife to support their traditional,subsistence lifestyle. To threaten thatexistence of the Gwich’in. While theduring the 109 Congressional Session.For more information visit Katrina Reveals Environmental InjusticeOrensteinwhich can serve as a natural buffer.1. Damage Wrought by HurricaneAlabama. It has been declared the mostin the history of the United States. Overand the damage is

17 estimated to costmore than $200 billion.
estimated to costmore than $200 billion. When the storm contaminated areas was required bylaw. Comprehensive EnvironmentalAct 42 USC §§ 9601-9675. In 1987,the site was added to the U.S. EPASuperfund program. The Superfundhazardous waste sites. The NPL siteIn 1990, the facility, planning forhowever, the facility retained thechemical weapons. In the 1980’s, thestockpiled. Domestic attention toWeapons Convention banning the Chem Engr News 71:7-18 (1993). The Army cited the safety

18 weapons at the Umatilla Depot. The(RDX,
weapons at the Umatilla Depot. The(RDX, TNT, and nitrate), pesticideswater beneath the lagoons. The groundIn 1995, the Army started buildingChemical Agent Disposal Facility(UMCDF). Incineration at theSeptember of 2004. Possible exposureneighboring community’s access topublic health. Exposure to chemicalkidneys, and liver. According to thosewho oppose the activity, incineration ofincinerator exposure and cancer,malfunctions. Franchini , Ann IstSuper Sanità 40:101-115 (2004). Th

19 emercury, copper, nickel, and otherresid
emercury, copper, nickel, and otherresidents. Moreover, only 40 milesthe Hanford nuclear site. The Hanfordreleased from the site, beginning in theIn re HanfordNuclear Reservation Litig. v. E. I., 292 F.3d 1124 (9th Cir.According to Donald Sampson,Chairman of the Board of Trustees forthe Confederated Tribes of the UmatillaIndian Reservation, “the Army has failedIndian Reservation.” The risk of fatalthe state. The Umatilla Depot occupiesin rural northeastern Oregon. Alevel. Latino

20 s make up 9% of UmatillaCounty and 11% o
s make up 9% of UmatillaCounty and 11% of Morrow County,above the state average of 4%. Thepercentage of Native Americans inUmatilla County is 305% higher, and inMorrow County, 47% higher, that the Brianna TindallLand Air WaterEugene, OR 97403-1221email: L-A-W@law.uoregon.edu Special thanks to LivingTree Paper Company for providingus this Vanguard 10% hemp and 90% recycled paper.nvironmental The Update is published annually by Land Air Water, the nation’soldest student environmental