Meyers, Gary D., and Jean Meschke. "Proposed Federal Land Use Management of the Columbia River." Environmental Law 15 (Fall, 1984): 71-102. Westlaw. University of Oregon, Eugene, OR. 28 Oct. 2005. Keyword: Columbia River Land Use. (reviewed by Kristin Johnson )
Summary:
This 1983 article addresses a significant problem in the management of the Columbia River Gorge: “after forty-seven years of studies and proposals, no unified or effective management plan for the CRG exists. Current government entities lack the financial and technical resources, as well as the regional authority necessary to protect and enhance the Gorge. Thus, a continuing controversy over CRG management arises from efforts to design a management framework that preserves the historic natural wonders of the Gorge while minimizing harm to individual property rights in the area.”
In response to this crisis of management, in 1983 two bills were submitted to Congress for action. The first bill, sponsored by Oregon Senator Bob Packwood, designated the Gorge as a National Scenic Area, which would be administered by the Secretary of Agriculture through the Forest Service with the advice of a regional commission. The second bill was submitted to Congress by the governors of Washington and Oregon and proposed, “a different balance between preservation and development,” and the establishment of a fourteen-member regional commission independent of any other entity to manage the Columbia River Gorge.
The article compares these the practical effects that each of these bills would have on the preservation of the Gorge. The article concludes with a discussion of the legal implications that the passage of either bill would create in setting precedence for “federal-zoning” practices. Additionally, there is discussion as to how these bills would define “congressional power under the property clause to regulate activities on private lands in or adjacent to federal property” and its limits.
The article argues that, “The Governors' bill calls for protection of critical lands, while simultaneously providing for public use and commerce in the area.” Packwood's bill, on the other hand, provides for public use of critical lands only when critical resources are not put at risk, thus creating, in the authors' analysis, “more certainty for Gorge property owners to plan their land use activities.”
The article analyzes how each bill will be practically applied in a legal sense by looking at relevant cases in both federal and state courts. It then concludes by arguing that the debate over who should manage the Gorge, a federal agency or a federal commission of local representatives, ignores the larger issue of defining “sufficient substantive standards to assure a minimum level of protection by limiting the administrator's discretion.”
Critique:
This article provides stimulating discussion about the practical effects of legislation. Yes, a particular piece of legislation might solve one problem, but is that enough? This article argues that no, it is not enough, and then proceeds to explain why, stating how past legislation has been applied in courts. This is especially compelling in terms of balancing economic interests and environmental interests that often do not coincide. The article avoids making judgments, although it is written operating on the basic premise that Gorge needs protection from human factors that otherwise destroy its ecology.
The authors examine the issue from a legal perspective and take into account how loopholes in legislation often work against what might have been the original intent of the legislation. The authors are educated in the field (a law professor and a law student) and have clearly researched the topic extensively, drawing cases from across the country as well as cases dealing directly with the Gorge area.
Robert D. Clark Honors College, University of Oregon
HC 441: Science Colloquium, Columbia River Ecology
Fall term, 2005
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