Newsletters From the Stoel Rives Web Site http://www.stoel.com/showarticle.aspx?show=1229 en-us Copyright 2013, Stoel Rives clientservices@stoel.com http://blogs.law.harvard.edu/tech/rss 5/21/2013 9:48:12 AM http://www.stoel.com/showarticle.aspx?Show=10242 ... Fri, 22 Feb 2013 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=10235 ... Fri, 01 Feb 2013 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=9215 ... Mon, 30 Jan 2012 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=8815 ... Tue, 08 Nov 2011 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=8686 I. Introduction In the wake of the political defeat of various measures to improve energy security and to reduce greenhouse gas emissions ("GHGs"), the Renewable Fuel Standard ("RFS") has emerged as the primary federal program to accomplish both U.S. ... Tue, 11 Oct 2011 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=8432 Summary: In a guidebook published by Aspatore Books, Stoel Rives attorney Stevan Phillips and his attorney co-authors provide an insider's perspective on recent trends in disaster insurance coverage disputes. From investigating causes of loss to determining ... Wed, 31 Aug 2011 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=8562 ... Fri, 29 Jul 2011 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=8214 ... Fri, 15 Jul 2011 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=8275 ... Fri, 01 Jul 2011 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=7943 ... Tue, 10 May 2011 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=7079 ... Wed, 29 Sep 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=7018 ... Thu, 02 Sep 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6710 WATER RIGHTS IN OREGON Despite Oregon's rainy reputation, water is a limited resource in many areas of the state. This fact is significant for vineyards and wineries because they need water to irrigate newly planted vineyards and for use in the winery ... Fri, 04 Jun 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6676 ... Tue, 25 May 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6565 ... Tue, 13 Apr 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6563 ... Wed, 07 Apr 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6562 By Tim Taylor, Tom Henry and Sigrid Waggener On March 15, 2010, the California Supreme Court published Communities for a Better Environment v. South Coast Air Quality Management District, a highly anticipated decision involving the California Environmental ... Thu, 01 Apr 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6412 ... Fri, 05 Feb 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6375 Originally published in The Register-Guard, January 9, 2010 Woody biomass as a fuel to produce renewable energy provides a solid alternative to fossil fuels. It's one of the world's oldest sources of energy, and here in the Pacific Northwest, it's a ... Sat, 09 Jan 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6259 ... Thu, 10 Dec 2009 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=7903 ... Mon, 07 Dec 2009 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6248 Aticle originally published in California Water Law & Policy Reporter, December 2009 On November 4, 2009, California Legislature approved a historic overhaul of California's dysfunctional water system centered on the hub of California's water ... Fri, 04 Dec 2009 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6078 ... Tue, 01 Dec 2009 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6063 ... Thu, 19 Nov 2009 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6475 Originally published in Portland Business Journal, Sept. 4, 2009. Since 2000 the Oregon Department of Environmental Quality and the U.S. Environmental Protection agencies have required dozens of Portland businesses and property owners to carry out investigations ... Fri, 04 Sep 2009 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=5454 ... Mon, 01 Jun 2009 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=5066 Download a PDF of this article ABSTRACT In February 2005, the conservation advocacy group, Center for Biological Diversity (CBD), submitted a petition to the U.S. Fish and Wildlife Service (FWS) to list the polar bear (Ursus maritimus) as a threatened ... Thu, 12 Mar 2009 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3498 ... Thu, 29 Jan 2009 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3500 ... Thu, 29 Jan 2009 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=5073 ... Mon, 01 Dec 2008 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3340 ... Wed, 19 Nov 2008 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3509 ... Mon, 27 Oct 2008 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3512 ... Mon, 22 Sep 2008 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3141 ... Thu, 11 Sep 2008 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3037 by Chad Marriott[1] and Cherise Oram[2] On July 9, 2008, the Department of the Interior's Minerals Management Service ("MMS") issued proposed regulations for granting leases, easements, and rights-of-way for alternative energy project activities ... Wed, 23 Jul 2008 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3031 ... Fri, 18 Jul 2008 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2641 Recognizing the interest in the emerging and evolving area of sustainable real estate development and the accompanying challenges, the Stoel Rives Sustainable Real Estate Development Team has developed the first edition of THE LAW OF BUILDING GREEN - ... Thu, 22 May 2008 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2878 ... Wed, 20 Feb 2008 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6655 ... Sun, 15 Jul 2007 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2525 ... Fri, 01 Jun 2007 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2320 ... Tue, 17 Apr 2007 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3403 Earlier today (April 2, 2007), the U.S. Supreme Court issued its much anticipated decision in Environmental Defense v. Duke Energy, (Duke Energy). This case is the latest and most dramatic turn of events in the longstanding litigation against the coal-fired ... Mon, 02 Apr 2007 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3405 On April 2, 2007, the U.S. Supreme Court issued its much anticipated decision in Commonwealth of Massachusetts v. EPA, (Commonwealth), the case likely to set the stage for greenhouse gas regulation in the United States. In this narrowly decided 5-4 decision, ... Mon, 02 Apr 2007 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2260 ... Mon, 19 Mar 2007 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3393 In a victory for the forest products industry, the United States District Court for the District of Oregon dismissed a complaint brought by the Northwest Environmental Defense Center ("NEDC") under the federal Clean Water Act ("CWA"). NEDC had alleged ... Thu, 01 Mar 2007 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2262 ... Wed, 24 Jan 2007 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3314 Part 1 originally published in Oregon Insider Issue #404/405, December 2006. Part 2 originally published in Oregon Insider Issue #406/407, January 2007. Delivery of water depends on complex delivery systems developed over many years. The canals, laterals, ... Fri, 01 Dec 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2215 ... Wed, 01 Nov 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2065 ... Fri, 15 Sep 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2066 Emissions to be Reduced to 1990 Levels & Restrictions Placed on Long Term Out-of-State Power Purchase Agreements The 2006 California legislative session will be known for more than just passing a statute mandating a maximum amount of time you ... Fri, 15 Sep 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1994 On August 8, 2005, President Bush signed into law the Energy Policy Act, the first comprehensive national statement of “policy” on the subject in more than a decade. This 549-page Act provides over $12 billion in tax breaks, research and development ... Mon, 24 Jul 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2179 ... Wed, 31 May 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2180 ... Wed, 31 May 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2182 The Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531-1544, is the federal statute designed to protect endangered and threatened fish, wildlife and plant species and the ecosystems upon which they depend. The ESA is administered by ... Thu, 11 May 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6714 Stoel Rives Development Law Group Annual EventMarch 2, 2006 IntroductionAs I have mentioned to many in the past, Measure 37 changes the model between business interests, property owners, and the government. My opinion about that hasn't changed since ... Thu, 02 Mar 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1826 Stoel Rives Development Law Group Annual EventMarch 2, 2006 IntroductionAs I have mentioned to many in the past, Measure 37 changes the model between business interests, property owners, and the government. My opinion about that hasn’t changed since ... Thu, 02 Mar 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1737 ... Sun, 01 Jan 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1740 ... Sun, 01 Jan 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2184 ... Thu, 15 Dec 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1264 ... Tue, 15 Nov 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2181 ... Thu, 20 Oct 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=846 On September 29, the House passed the Threatened and Endangered Species Recovery Act, H.R. 3824, known as the "Pombo bill," to amend and reauthorize the Endangered Species Act ("ESA"). The bill passed the House by a vote of 229-193. It is expected to ... Sat, 01 Oct 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1873 Media Masters, Inc. v. Verisign, Inc., 2005 WL 1231152 (D.Or.) (May 19, 2005) Conversion and BailmentThe U.S. District Court for the District of Oregon denied summary judgment against claims that loss of contractual rights to domain names constitutes ... Thu, 28 Jul 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=847 The Center for Biological Diversity ("CBD") has recently petitioned the U.S. Fish & Wildlife Service ("FWS") to list the polar bear (Ursus maritimus) on a global basis as a "threatened" species subject to the protections of the Endangered Species ... Wed, 01 Jun 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2264 ... Thu, 05 May 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2266 ... Thu, 31 Mar 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1206 ... Thu, 10 Mar 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1205 ... Tue, 01 Mar 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1203 ... Tue, 15 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1201 ... Sat, 15 Jan 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=848 The recent culmination of the Oregon Department of Environmental Quality’s (DEQ’s) proposed Total Maximum Daily Loads (TMDLs) for the Willamette (see Aldrich/Rubin/Simpson, Insider #352), jostling at the Portland Harbor Superfund site, and a host of ... Wed, 01 Dec 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=849 In 1999, voters passed Measure 7, a measure providing for landowner compensation for land use regulations that reduce the value of property. While Measure 7 was ruled unconstitutional and never took effect, the compensation issue has not gone away and ... Fri, 15 Oct 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1199 ... Wed, 01 Sep 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2183 Why is the environmental baseline so important in an Endangered Species Act (ESA) section 7 consultation for a dam relicensing action? It is generally conceded that any impact from the future ongoing operation of a dam is properly considered as part ... Thu, 01 Jul 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=850 One of the greatest concerns to owners of contaminated property is the potential price tag for investigation and cleanup. Environmental cleanups in Oregon routinely cost in the tens of thousands of dollars and can reach hundreds of thousands and sometimes ... Mon, 01 Mar 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=851 While the debate over the Bush administration's Healthy Forests Initiative continues to garner national media attention, recent and current litigation targeting certain timber industry practices has received much less coverage. This litigation, however, ... Sat, 15 Nov 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=852 The US Environmental Protection Agency (EPA) recently made the news again in relation to New Source Review (NSR). Both on the regulatory reform and enforcement fronts the agency was the subject of renewed scrutiny and debate. Each of the two newest episodes ... Sat, 15 Nov 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=853 On October 9th, 2003, the Oregon Environmental Quality Commission (EQC) adopted the air toxics rules the Oregon Department of Environmental Quality (DEQ) has been developing over the past five years. The final rules maintain the fundamental structure ... Sat, 01 Nov 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=854 Regulatory takings is center stage in Oregon again. A regulatory taking (also called inverse condemnation) occurs when government regulation deprives a property owner of all economically viable use of property. The State must pay owners just compensation ... Sat, 01 Nov 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2270 ... Thu, 09 Oct 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=858 The California State Water Resources Control Board recently proposed revisions to the State General Permit for discharges of storm water associated with industrial facilities. The industrial storm water permit-which regulates the management and discharge ... Mon, 01 Sep 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=860 On August 7th,2003, a federal judge in Ohio issued an important court decision interpreting a key exemption from the new source review provisions of the Clean Air Act. In the first of the federal lawsuits against the coal-fired power generation industry ... Mon, 01 Sep 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3398 ... Wed, 27 Aug 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=861 A hotly contested issue in recent years, particularly for the coal fired power generation industry, has been whether a change to an existing emissions unit constitutes routine maintenance, repair or replacement. Major sources of air emissions are potentially ... Fri, 01 Aug 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=862 On June 24, 2003 the Eleventh Circuit Court of Appeals issued a decision that has the potential to fundamentally change the way the Environmental Protection Agency (EPA) conducts enforcement. The Tennessee Valley Authority (TVA) has been locked in a ... Tue, 01 Jul 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1195 ... Sun, 01 Jun 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1197 ... Sun, 01 Jun 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1193 ... Tue, 15 Apr 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1191 ... Sat, 15 Feb 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=863 Forest products companies struggle to conduct timber harvesting activities on private lands in compliance with myriad state and federal laws. The challenges associated with federal government enforcement of the Endangered Species Act ("ESA") and Clean ... Sat, 01 Feb 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=865 The federal Spill Prevention, Control and Counter measure (SPCC) program requires facilities which have greater than a threshold quantity of oil stored onsite, at a site where a spill could potentially impact navigable waters, to prepare and maintain ... Wed, 15 Jan 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=866 On December 9, 2002, the US Environmental Protection Agency (EPA) proposed yet another set of revisions to the federal hazardous air pollutant (HAP) regulations (see Light, Insider #292; Wood, Insider #297). At about the same time, the Oregon Department ... Wed, 01 Jan 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=867 Editor's Note: This article is the second of two parts examining the revisions to the new source review air permitting rules taking place at the federal level. Insider #309 (December 1st) contained the first part, which reviewed five other changes to ... Sun, 15 Dec 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=868 Editor's Note: This article is the first of a series examining the revisions to the new source review air permitting rules taking place at the federal level. This article looks at the rule changes that have been completed and should be published in the ... Sun, 01 Dec 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=870 For real estate developers and property owners, the recent CERCLA amendments enacted as the Small Business Liability Relief and Brownfields Revitalization Act (SABRA) may turn out to be one of the most important legislative developments in the last twenty ... Sun, 01 Dec 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=873 Editor's Note: This article is the third in a four-part series by attorneys with Stoel Rives LLP to address what some consider to be nontraditional environmental permitting issues arising in new project development. The series addresses noise (Insider ... Fri, 15 Nov 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=874 On November 4, 2002, the 9th Circuit Court of Appeals issued a surprising opinion that requires a National Pollutant Discharge Elimination System (NPDES) permit for aerial pesticide applications over forest lands. The opinion in League of Wilderness ... Fri, 01 Nov 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=875 Introduction Oregon regulations and the Oregon courts have a long history of addressing claims that a facility smells. The Oregon Department of Environmental Quality (DEQ) is often the primary arbiter of any sort of odor related complaint, although ... Tue, 15 Oct 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=877 Editor’s Note: This article is the first in a four-part series by attorneys with Stoel Rives LLP to address what some consider to be non-traditional environmental permitting issues arising in new project development. The series will address noise, odor, ... Tue, 01 Oct 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=878 by Marty Banks and Micah Echols Marty Banks is a Partner with the law firm of Stoel Rives, practicing in the area of environmental law and litigation. He has regularly advised sellers and buyers in connection with environmental aspects of real estate ... Mon, 16 Sep 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2272 ... Fri, 06 Sep 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=871 Decisions over the fate and management of threatened and endangered species continue to reverberate throughout the Pacific Northwest. As our chapter in the Oregon State Bar's 2002 edition of Environmental and Natural Resources Law demonstrates, most ... Sun, 01 Sep 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=879 Last summer, the Oregon Department of Environmental Quality (DEQ) dramatically revised its air permitting rules. Among some of the key changes, most facilities were no longer required to have short term emission limits, annual limits became rolling twelve ... Fri, 30 Aug 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=880 In its natural state, the Columbia River had natural cycles of flood and drought. In its developed state, the river has different cycles, one of which is that every so often competition over the river boils over and seems to swamp the river's governing ... Thu, 15 Aug 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=881 DEQ is currently in the midst of unveiling to the public draft rules intended to address perceived air toxics issues in the state. A brief summary of the rules appeared in the last issue of the Oregon Insider (Insider #301). This article explores the ... Thu, 15 Aug 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1189 ... Mon, 01 Jul 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=884 On May 20, 2002, the EPA staff working on the reciprocating internal combustion engine ("RICE") MACT, the boiler/process heater MACT and the combustion turbine MACT took part in a national broadcast organized by the A&WMA. This seminar featured ... Sat, 01 Jun 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=882 The US Environmental Protection Agency (EPA) recently announced that it will be making significant changes to the federal New Source Review program. The final rules are currently undergoing review in Office of Management and Budget and could be out as ... Sat, 01 Jun 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=886 The recent decision in Griffin v. Allstate Ins. Co. represents a significant development in the field of environmental insurance recovery. The Griffin court made clear that policyholders can claim coverage for costs incurred in environmental investigation ... Wed, 15 May 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=887 by Steve Abel and John M. Volkman Oregon’s comprehensive land use planning system and the Endangered Species Act are the same age (both born in 1973), but they met only recently. Since the listing of Oregon salmon and steelhead populations in 1998 ... Fri, 10 May 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=888 On April 17, 2002 (67 Fed. Reg. 18899), the U.S. Environmental Protection Agency (EPA) clarified one of the most hotly debated questions in recent years, namely when routine and non-routine air emissions must be reported to state and local emergency ... Wed, 01 May 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=890 Issue #290 of the Oregon Insider included an "Update" by your author concerning the issues surrounding the effects of the federal Endangered Species Act in the Klamath Basin. That Update described a recent draft biological assessment (BA) on the United ... Fri, 15 Mar 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=883 by Greg D. Corbin and John Volkman Environmental and natural resource attorneys often practice at the intersection of law and science. This means we must be both legal experts and students of science. Only in doing so may we understand the full complexity ... Fri, 01 Mar 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=892 by J. Mark Morford and Margi C. Lifsey In the last days of a lame-duck session, the 96th United States Congress enacted the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly referred to as Superfund. CERCLA ... Fri, 01 Mar 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=894 COHO (oncorhynchus kisutch) Central California Coast threatened: 61 FR 56,138 (October 31, 1996) ESU includes all hatchery stocks except the Warm Springs Hatchery stock, which was established with brood stock from an adjacent ESU. 61 ... Fri, 01 Mar 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=895 As one of the first steps in virtually every real estate transaction taking place in this country, one of the parties usually evaluates the potential for environmental contamination of the facility1 in question. According to anecdotal reports, an increasing ... Fri, 01 Mar 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=891 The Klamath Basin attracted national attention last summer when the United States Bureau of Reclamation (Reclamation) halted water delivery to irrigators to comply with the federal Endangered Species Act (ESA). The Klamath Basin is home to Reclamation's ... Fri, 01 Feb 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=898 The controversy in this case concerns more than cold legal doctrine. The particular facts of this case . . . illustrate how unfortunate it is for the Court to recognize a claim that appears belated and opportunistic. Justice Sandra Day O'Connor, dissenting ... Sun, 01 Jul 2001 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=899 On May 29, 2001, Blue Heron Paper Company and Northwest Environmental Defense Center (NEDC) announced that they have negotiated a settlement of NEDC's Clean Water Act citizen suits against the company. The cornerstone of the settlement is agreement by ... Fri, 15 Jun 2001 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=900 On March 12, 2001, the Ninth Circuit United States Court of Appeals reversed the United States District Court for the District of Oregon and held that compliance with the Federal Insecticide, Fungicide, and Rodenticide (FIFRA) registration and labeling ... Sun, 15 Apr 2001 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=903 A sharply divided California Supreme Court held that even if an entity is ordered by a governmental agency to clean-up contamination, that entity's comprehensive general liability ("CGL") insurer is not required to indemnify these expenses in the absence ... Thu, 01 Mar 2001 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=904 I. INTRODUCTION Because of the increasing frequency of significant, often multimillion-dollar, environmental claims against businesses and individuals under environmental statutes such as the Comprehensive Environmental Response, Compensation and Liability ... Mon, 22 Jan 2001 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=905 While many landowners have begun the task of assessing activities and changing practices in order to minimize the risk of "taking" listed species under the National Marine Fisheries Service's (NMFS') recently adopted 4(d) rule for salmon and steelhead ... Fri, 15 Dec 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=906 For months, Region 10 of the US Environmental Protection Agency (EPA) and the Oregon Department of Environmental Quality (DEQ) have been debating the merits of Oregon's water quality standard for temperature (see Gillaspie, Insider #256). This debate ... Wed, 15 Nov 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=907 by David Filippi and Ann Gravatt Editor's Note: With Endangered Species Act 4(d) rule "take" prohibitions now in effect for a number of northwest salmon and steelhead (see Filippi, Insiders #237,#239 & #251), numerous local and state entities ... Wed, 01 Nov 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=908 During the 1990s, the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) listed numerous populations of fish species indigenous to the Northwest as threatened or endangered under the Endangered Species Act (ESA). Whether ... Fri, 01 Sep 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=909 On June 19, 2000, the National Marine Fisheries Service (NMFS) adopted a final 4(d) rule to protect 14 evolutionarily significant units (ESUs) of salmon and steelhead listed as "threatened" under the federal Endangered Species Act (ESA or Act). While ... Sat, 01 Jul 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=910 Environmentalist litigants are increasingly using the federal and state False Claims Acts to impose hefty financial consequences on alleged violators of environmental laws and, in the process, reap rich rewards for themselves. The federal False Claims ... Thu, 01 Jun 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=911 As the supply of undeveloped land diminishes, "brownfields" have increasingly attracted the attention of those seeking to start or expand businesses. The Environmental Protection Agency defines "brownfields" as abandoned or underutilized sites with real ... Thu, 01 Jun 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=913 The California Legislature passed and the Governor signed a number of bills in 1999 that affect environmental and land use issues. Here is a summary of some of the most notable. SB 621 - Forest Practices Act. Violators of the Forest Practices Act are ... Wed, 01 Mar 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=914 *Originally Published in Oregon Insider, November 15, 1997 Has your business cleaned up environmental contamination or is it in the process of investigating or cleaning up contamination? If so, your insurance company may be responsible for reimbursing ... Sat, 01 Nov 1997 00:00:00 GMT