The Gorge Commission: An Adequate Forum for States, Counties, Tribes, and the Railroads Operating in the Columbia River Gorge

Abstract

Dayna Jones, Lewis & Clark Northwestern School of Law ‘18 and Public Defender for the Mescalero Apache Tribal Court. Abstract: The Columbia River Gorge is host to some of the most biodiverse landscape on the planet. In addition to harboring unique species, the Gorge is also home to a unique jurisdictional landscape. The collaborative legislation that enacted the Gorge Act endowed governmental authority of the General Management Area of the Gorge within a compact agency: the Gorge Commission. Railroads running through the Gorge have contested the Gorge Commission’s jurisdiction over their operations, claiming preemption from the Commission’s authority. This article discusses the competing jurisdictional interests in the General Management Area of the Gorge and explains why the Gorge Commission is an adequate forum for all entities operating within the Gorge, including railroads.