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The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out.

Here are the articles published in Volume 37, Number 1 of Environmental Law Review, complete with links to the abstracts and full-text articles:

Tributes

• James L. Huffman, Dean of Lewis & Clark Law School from 1993-2006 by Ronald B. Lansing, Michael C. Blumm, William Funk, Susan F. Mandiberg & Erica J. Thorson

Editor’s Note

• Remembering Our Roots by Corey Tolliver

Remarks

• Tales of French Fries and Bottled Water: The Environmental Consequences of Groundwater Pumping by Robert Glennon

Articles

• The Politics of Risk: Pre-Litigation Site Assessment in Houston, Texas by Gregg P. Macey
• Mediating Sustainability: The Public Interest Mediator in the New Zealand Environment Court by Stephen Higgs
• Remembering Rain by Troy L. Payne & Janet Neuman

Essay

• What Are Lobbyists Saying on Capitol Hill? Climate Change Legistlation as a Case Study for Reform by Sybil Ackerman

Comments

• Confronting Toxic Work Exposure in China: The Precautionary Principle and Burden Shifting by Monique Lee Hawthorne
• The Politics of Preemption: An Application of Preemption Jurisprudence and Policy to California Assembly Bill 1493 by Sara A. Colangelo
• Cartesian Eco-Femdarkanism: She Comes from the Earth, Therefore We Are by Troy L. Payne

New L&C Law Scholarship is a regular feature of BoleyBlogs! Here we announce new content from the Law Reviews of Lewis & Clark Law School, along with the latest publishing ventures of our own faculty, students and staff.

Ronald B. Lansing, Michael C. Blumm, William Funk, Susan F. Mandiberg & Erica J. Thorson, James L. Huffman, Dean of Lewis & Clark Law School from 1993-2006, 37 Environmental Law Review i (2007)

James L. Huffman, Dean of Lewis & Clark Law School from 1993-2006

James L. Huffman stepped down as dean of the Lewis & Clark Law School in 2006. Here are several faculty tributes to his tenure.

Ronald B. Lansing

Michael C. Blumm

William Funk

Susan F. Mandiberg

Erica J. Thorson

(tribute from Environmental Law Review)

Corey Tolliver, Remembering Our Roots, 37 Environmental Law Review 1 (2007)

(editor’s note from Environmental Law Review)

Robert Glennon, Tales of French Fries and Bottled Water: The Environmental Consequences of Groundwater Pumping, 37 Environmental Law Review 3 (2007)

Robert Glennon, Professor of Law and Public Policy at the University of Arizona Rogers College of Law and author of Water Follies: Ground Water Pumping and the Fate of America’s Fresh Waters, presented several humorous, but serious, tales of groundwater mismanagement in the United States as the 19th Annual Natural Resources Law Distinguished Visitor at Lewis & Clark Law School. Professor Glennon’s research for Water Follies took him across the nation, cataloguing private, corporate, and government excesses, and here he shares some of his favorite stories demonstrating the disconnect between the law governing this precious resource and the science which counsels a more balanced approach.

(abstract from Environmental Law Review)

Gregg P. Macey, The Politics of Risk: Pre-Litigation Site Assessment in Houston, Texas, 37 Environmental Law Review 15 (2007)

Analysis of the Railroad Commission of Texas’ use of site and risk assessment in a neighborhood built over crude oil storage tanks known as Kennedy Heights demonstrates how purportedly scientific processes can fail to embody the kinds of rational analytical approaches on which regulatory agencies publicly claim they depend. Primary documents outlining the various efforts of the state agency, in coordination with a regulated entity, suggest that these processes were shaped in different ways, used divergent assumptions, and ultimately yielded findings that more closely resembled arguments than results.

(abstract from Environmental Law Review)

Stephen Higgs, Mediating Sustainability: The Public Interest Mediator in the New Zealand Environment Court, 37 Environmental Law Review 61 (2007)

The New Zealand Environment Court is a unique institution that adjudicates disputes arising under the country’s sustainability-based legislation. In addition to rendering decisions, the Court maintains an innovative mediation service where its own technically-oriented commissioners serve as mediators to help parties explore potential settlements to their disputes. This Article highlights the structure of the mediation program and discusses how these commissioners are well positioned to protect the public interest during confidential environmental mediations.

(abstract from Environmental Law Review)

Troy L. Payne & Janet Neuman, Remembering Rain, 37 Environmental Law Review 105 (2007)

The story of drought is common and old. Civilizations have come and gone in its wake. This is a story of survival—a story of rain.

Many have forgotten,

but rain remembers.

(abstract from Environmental Law Review)

Sybil Ackerman, What Are Lobbyists Saying on Capitol Hill? Climate Change Legistlation as a Case Study for Reform, 37 Environmental Law Review 137 (2007)

This Essay presents an examination of the lobbying positions taken by ten large companies with a direct stake in climate change legislation by Congress. The Lobbying Disclosure Act does not require firms to report their positions on pending legislation and the result is a serious gap in public accountability. The study shows this variability by contrasting the amount that each company voluntarily chooses to reveal about its positions on nine key issues under active debate. The Essay concludes that to close this gap, Congress must reform the Lobbying Disclosure Act to require “truth in lobbying.”

(abstract from Environmental Law Review)

Monique Lee Hawthorne, Confronting Toxic Work Exposure in China: The Precautionary Principle and Burden Shifting, 37 Environmental Law Review 151 (2007)

As one of the world’s faster growing economies, China is experiencing growing pains in all different varieties. Ms. Hawthorne examines the environmental ramifications of the rapidly expanding manfucturing industry and specifically focuses on the consequences of toxic work exposure. She identifies reasons why the Chinese should not pattern their occupational health standards after the United States, and proposes that the Chinese government should instead apply concepts from the precautionary principle in deal with toxic work exposure.

(abstract from Environmental Law Review)

Sara A. Colangelo, The Politics of Preemption: An Application of Preemption Jurisprudence and Policy to California Assembly Bill 1493, 37 Environmental Law Review 175 (2007)

In this Comment, Ms. Colangelo examines the nature of AB 1493’s greenhouse gas emissions reduction mandate and the potential application of modern preemption challenges under the Clean Air Act and Energy Policy and Conservation Act. She explores whether a recent confluence of policy, politics, and science may serve to reframe or redefine the arguments related to preemption in this particular case. The Comment concludes by discussing possible outcomes of the challenge to AB 1493 resulting from preemption analysis, the recent confluence, related court decisions, and the tension between statutes with intersecting federal authority over automobile regulations.

(abstract from Environmental Law Review)