Fulfilling the Parity Promise: A Perspective on Scientific Proof, Economic Cost, and Indian Treaty Rights in the Approval of the Columbia Basin Fish and Wildlife Program

58 Pages Posted: 24 Apr 2017

Date Written: April 22, 1982

Abstract

This article, written as a kind of brief to the Northwest Power Planning Council as it was considering recommendations for the Columbia Basin Fish and Wildlife Program, argued that Congress expected the Council to defer to the recommendations of the region's fish and wildlife agencies and Indian tribes, which had submitted joint comprehensive program recommendations. The article examines several statutory provisions that produced this conclusion, a position which was largely affirmed by the Ninth Circuit in its decision in Northwest Resource Information Center v. Northwest Power Planning Council in 1994 (35 F.3d 1371).

Keywords: environmental law, fish and wildlife protection, natural resources law, salmon, Indian treaty fishing rights, hydropower, science and the law

JEL Classification: H54, H82, K23, K32, N52, N72, O13, Q15, Q22, Q24, Q25, Q28, Q32, Q38, Q48

Suggested Citation

Blumm, Michael C., Fulfilling the Parity Promise: A Perspective on Scientific Proof, Economic Cost, and Indian Treaty Rights in the Approval of the Columbia Basin Fish and Wildlife Program (April 22, 1982). Environmental Law, Vol. 13, No. 1, 1982. Available at SSRN: https://ssrn.com/abstract=2956987

Michael C. Blumm (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States
503-768-6824 (Phone)
503-768-6701 (Fax)

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