In This Issue

The Arc of Environmental Criminal Enforcement

Twenty-five years ago, at the same time Natural Resources & Environment first appeared, the Department of Justice (DOJ) started to organize a separate unit dedicated to prosecution of environmental crimes. The Environmental Crimes Program (the Program) has developed into a successful cooperative effort between federal prosecutors in the Environmental Crimes Section (ECS) of DOJ in Washington, line prosecutors in the ninety-four U.S. Attorneys’ offices, and criminal investigators at the Federal Bureau of Investigation (FBI), the Environmental Protection Agency (EPA), and the U.S. Coast Guard...

EPA?s Indian Policy at Twenty-Five

Lawyers representing clients involved in regulated activities in and near Indian country confront a regulatory morass worthy of special recognition even in the notably complicated realm of environmental law. Answering basic questions like which governmental agency has authority to issue permits and whose standards apply and in what way can be perplexing. The difficulty arises mainly from unique intersections between federal environmental, administrative, and Indian law...

Correcting Mismatched Authorities: Erecting a New ?Water Federalism?

As the United States emerged from the colonial period, the several states, as confederated independent sovereigns and then as constituent states in the newly formed nation, succeeded the English Crown in many of the essential attributes of sovereignty. This fact was emphasized in 1791, when the last of the original ten constitutional amendments expressly confirmed that cession of enumerated power by the states to the national government was not intended to relinquish the states’ residual role as what can be called “police power sovereigns.”

Torture by TSCA: Retrospectives of a Failed Statute

Should law professors be able to torture students? I confess that during the Bush administration, without any secret memos from Cheney, Gonzales, or Yoo, I forced law students to stay up late into the night puzzling over words I had written before they were born. Under tough questioning the next day, they would be forced to agree that the 1976 Toxic Substances Control Act (TSCA) contains such obscure and inconsistent phrases that its supporters were doomed to frustration.

New Kids on the Block?A Survey of Practioner Views on Important Cases in Environmental and Natural Resources Law

The breadth and depth of environmental and natural resources law have increased dramatically over the twenty-five year history of Natural Resources & Environment (NR&E). Yet among the topics NR&E has covered, some have remained timeless. Indeed, the very first issue of NR&E was devoted to “Dealing with Agencies,” a facet of the practice field that remains ubiquitous.

Departments

Vantage Point

With this issue, we celebrate the 25th anniversary of publication of Natural Resources & Environment! It goes without saying that much has changed in that quarter century. When the first issue of NR&E was published in 1985, Ronald Reagan had just begun his second term as president, and many of the people now graduating from law school had just been born. A number of the environmental laws that are taken for granted now were relatively new, and certainly case law in the environmental, energy, and natural resources areas has increased exponentially since 1985

Insights