Blair Jr., Bowen, “The Columbia River Gorge National Scenic Area: The Act, Its Genesis and Legislative History.” Environmental Law 17 (Summer, 1987): 863-945. Westlaw. University of Oregon, Eugene, OR. 20 Nov. 2005. Keyword: Columbia River Land Use AND Land Use Policy. (reviewed by Kristin Johnson)
Summary:
The author writes, “The Columbia River Gorge National Scenic Area Act creates a novel mechanism for protecting large, populous, and geopolitically-complex areas which, for a variety of reasons (especially political), may be unsuitable for more traditional protection as a national park or national recreation area. Nevertheless, these areas warrant--because of their nationally significant values--greater protection than can be afforded by local, state, or regional governments.” The author argues that whether the Act is successful or not will not be known for decades, but that by looking at its legislative history and comparing to similar measures, he can make some clear judgments about the potential success of the Act. The article begins with a description of the Columbia River Gorge and how its location and the culture and history surrounding it are unique. The author the describes how the environmental and political characteristics of the Gorge led to the creation of the Columbia River Gorge National Scenic Area Act of 1986. The author takes an in depth look at this legislative history, analyzing the steps taken along the way. This process begins with the 1916 bill making part of the Gorge a national part and ends with President Reagan's signing of the National Scenic Area Act in 1986. The article then breaks down the Act, discussing what each part means in terms of its legal implications.
Critique:
This article is very long (approximately 82 pages), but does not make much of an argument. It is useful for anyone who is interested in learning about the legislative history of the Columbia River Gorge National Scenic Area Act, but the reader must draw his or her own conclusions about the process and the Act. The article would be much more useful if some sort of argument was actually made. The introduction alludes to the prospect of a judgment being made by the author after the history of the Act is explained, but this judgment never comes. The conclusion is simply a summary of the article. The only thing resembling an argument is the last sentence of the conclusion, stating: “The ‘bold and innovative' Columbia River Gorge National Scenic Area Act, which emphasizes regulation yet encourages acquisition, may well be a significant contribution to the movement to preserve valuable but complex areas for future generations.” The author simply states the obvious without committing to any value judgment of the act.
Robert D. Clark Honors College, University of Oregon
HC 441: Science Colloquium, Columbia River Ecology
Fall term, 2005
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