Jas Adams, current chair of the Environmental and Natural Resource Section, reports on the Oregon State Legislature's recent effort to control aquatic invasive species through an administrative search model for mandatory boat inspection stations, so as to comport with the Oregon Constitution.
Sarah Liljefelt of Schroeder Law Offices analyzes the Oregon Water Resources Department's new permitting process for alternative reservoir water right permits, which was prompted by the January 2011 state court decision Deborah Noble and David Hillison v. Oregon Water Resources Department, Clackamas County Circuit Court, Case No. CV-10-01-0159 (General Judgment entered January 25, 2011)
Douglas Timber Operators v. Salazar and Pacific River Council U.S. District Court of the District of Columbia (Civ. No. 09-174 (D.D.C.)) March 31, 2011addressing the Secretary of the Interior’s 2009 withdrawal of the resource management plans for several Bureau of Land Management forests in Western Oregon, known as the Western Oregon Plan Revision.
City of Los Angeles v. San Pedro Boat Works, No. 08-56163 (March 14, 2011).
This issue analyzes the Ninth Circuit Court of Appeal’s decision in City of Los Angeles v. San Pedro Boat Works, addressing whether a holder of a possessory interest in real property can be held liable as an “owner” under CERCLA.
The Wilderness Society v. U.S. Forest Service, No. 09-35200, 2011 WL 117627, at *1 (9th Cir. Jan. 11, 2011) changes long-standing precedent that prohibited non federal defendents to intervene in NEPA cases.
Larry Burke of Davis Wright Tremaine and John Foxwell of Ash Creek Associates report on environmental due diligence in property transactions, including aspects that may not be addressed by an "All Appropriate Inquiry" analysis.
Seth Row of Parsons Farnell & Grein LLP analyzes Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Company, a Ninth Circuit decision adddressing what is a "suit" for purposes of triggering an insurer's duty to defend.
Sarah Winter Whelan of the Americal Littoral Society and Lawson Fite of Markowitz, Herbold, Glade and Mehlhaf, discuss Oregon's progress in designating marine reserves and marine protected areas and implementing pland and regulations protecting those areas.
Kate Moore of Dunn Carney Allen Higgins & Tongue LLP provides an update about the U.S. Environmental Protection Agency's and Army Corps of Engineers' proposed rule to clarify the definition of "waters of the United States."