Review editor's note.I am pleased to present the 2002 Ninth Circuit Environmental Review. The Review includes summaries of all natural resources and environmental law cases decided by the Ninth Circuit Court of Appeals between approximately March 2002 and March 2003. This comprehensive resource is a useful reference for practitioners and students seeking to keep abreast Verb 1. keep abreast - keep informed; "He kept up on his country's foreign policies" keep up, follow trace, follow - follow, discover, or ascertain the course of development of something; "We must follow closely the economic development is Cuba" ; "trace the of the critical environmental and natural resource issues in the Ninth Circuit. The Review also includes two student Chapters, each discussing a significant Ninth Circuit case. This year's Chapters both focus on issues related to the Clean Water Act. Ms. Erin Tobin addresses the role of Total Maximum Daily Loads for waters polluted pol·lute tr.v. pol·lut·ed, pol·lut·ing, pol·lutes 1. To make unfit for or harmful to living things, especially by the addition of waste matter. See Synonyms at contaminate. 2. solely by nonpoint source pollution Nonpoint source pollution (NPS) does not come from a single source like point source pollution. It comes from many different sources with no specific solution to rectify the problem, making it difficult to regulate. , at issue in Pronsolino v. Nastri. She argues that the Ninth Circuit should have gone beyond deferring to EPA's decision to set TMDLs for these waters after states fail to do so. Rather, the court should have found that the Clean Water Act mandates states and EPA EPA eicosapentaenoic acid. EPA abbr. eicosapentaenoic acid EPA, n.pr See acid, eicosapentaenoic. EPA, n. to set these TMDLs. Ms. Corinna Spencer-Scheurich discusses Association to Protect Hammersley, Eld, and Torten Inlets v. Taylor Resources, suggesting that the Ninth Circuit failed to examine carefully the "pollutant pol·lut·ant n. Something that pollutes, especially a waste material that contaminates air, soil, or water. " and "point source" elements for determining whether an entity discharged a pollutant in violation of the Clean Water Act. In particular, the court narrowly defined "pollutant" and failed to consider whether mussel mussel, edible freshwater or marine bivalve mollusk. Mussels are able to move slowly by means of the muscular foot. They feed and breathe by filtering water through extensible tubes called siphons; a large mussel filters 10 gal (38 liters) of water per day. production facilities were "point sources" under the statutory definitions. The Ninth Circuit Review Members are selected as the best writers from Environmental Law's writing competition. In addition to the typical source checking duties of a first-year member, these diligent dil·i·gent adj. Marked by persevering, painstaking effort. See Synonyms at busy. [Middle English, from Old French, from Latin d Ninth Circuit Review Members write the case summaries and Chapters specifically focused on a Ninth Circuit case. I commend all the Ninth Circuit Review Members for their dedication, hard work, and enthusiasm, especially given the large number of cases this year. I hope you will find these Chapters and summaries an important addition to any natural resources or environmental law collection. Bronwen Wright Ninth Circuit Review Editor |
|
||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion