REVIEW EDITOR'S NOTE.I am pleased to present the 1998 Ninth Circuit Environmental Review, which in one convenient location summarizes the significant cases in environmental, natural resources, and Native American law decided last year by the Ninth Circuit. In addition, the student members of the Review have written in-depth Chapters based on several of the more interesting decisions handed down by the Ninth Circuit during 1998. As usual, the Chapters written by the members of the Ninth Circuit Environmental Review cover a diverse range of topics. Mr. Nathan Baker discusses the impact of a recent decision holding that routine renewals of federal water delivery contracts constitute "agency action" under the Endangered Species Act The federal Endangered Species Act of 1973 (ESA) (16 U.S.C.A. §§ 1531 et seq.) was enacted to protect animal and plant species from extinction by preserving the ecosystems in which they survive and by providing programs for their conservation. . Ms. Susan Jane Brown describes and scrutinizes trends inherent in recent Ninth Circuit decisions involving timber sales in the Pacific Northwest. Two members explore Native American issues. Ms. Mariel Combs examines the Ninth Circuit's resolution of the nature and extent of tribal shellfishing rights as limited by the Shellfish shellfish, popular name for certain edible mollusks (see Mollusca), e.g., oysters, clams, and scallops, and for certain edible crustaceans, e.g., crabs, lobsters, and shrimps. All are aquatic invertebrates with shells; they are not fish. Proviso A condition, stipulation, or limitation inserted in a document. A condition or a provision in a deed, lease, mortgage, or contract, the performance or non-performance of which affects the validity of the instrument. It generally begins with the word provided. of the Stevens Treaties. Ms. Regina Cutler discusses the extent to which tribes may assume regulatory authority Noun 1. regulatory authority - a governmental agency that regulates businesses in the public interest regulatory agency administrative body, administrative unit - a unit with administrative responsibilities over nonmembers on reservation lands under section 518 of the Clean Water Act. Finally, Mr. Timothy Sullivan Timothy Daniel "Big Tim" Sullivan (July 23, 1862 – August 31, 1913) was a New York politician who controlled Manhattan's Bowery and Lower East Side districts as a prominent figure within Tammany Hall. analyzes both the constitutionality of the Lacey Act The Lacey Act of 1900, or more commonly The Lacey Act, 16 U.S.C. 3371-3378, is a conservation law passed by Iowa Rep. John F. Lacey. At the turn of the century, illegal commercial hunting threatened many game species in the United States. and the policies underlying this powerful tool for the protection of wildlife. The five members of the Ninth Circuit Environmental Review were selected from among the entering candidates of Environmental Law based on their excellent legal writing skills. They are to be commended for the superb job they have done this year in analyzing and summarizing the often technical and inherently difficult environmental cases decided in 1998 by the Ninth Circuit. The high quality of their work is especially admirable ad·mi·ra·ble adj. Deserving admiration. ad  mi·ra·ble·ness n.ad considering that they performed their Ninth Circuit Environmental Review assignments in addition to the regular requirements shared by other law review members. All legal scholars and practitioners interested in the Ninth Circuit's recent environmental decisions will benefit from their efforts. Amy J. MacKenzie Ninth Circuit Review Editor |
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