Digital Commons Network^™

The Clean Water Act: Financing Combined Sewer Overflow Projects, Clyde W. Barrow, William Hogan

New England Journal of Public Policy

In 1987 Congress expanded the scope of the Clean Water Act to include combined sewer overflows (CSOs) despite continuing to reduce federal assistance for water-pollution abatement and despite the fact that CSO abatement is far more costly than previous water-quality mandates. As a result, many low-income deindustrializing cities are now subject to an additional federal mandate that many of them cannot afford without extensive federal or state assistance. The authors conclude that, in lieu of increased federal funding for CSO abatement, U.S. Environmental Protection Agency regulatory guidelines and the Clean Water Act be amended to include an assessment of the …

Reflections From The Seventh American Forest Congress: Some Thoughts For National Forest Management, William R. Bentley

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

21 pages.

Contains endnotes and references.

The Failure Of Federal Land Planning, Steven P. Quarles

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

26 pages.

Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael

Indiana Law Journal

No abstract provided.

A Tribal Perspective On Esa Reform, Ted Strong

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

4 pages.

How The Regulated Community Views Regulation To Protect Living Resources: The Endangered Species Act, Biological Diversity, And Ecosystem Management, Steven P. Quarles

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

21 pages.

Contains footnotes.

Upper Colorado River Fish: A Recovery Program That Is Working – Myth Or Reality?, James S. Lochhead

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages (includes 1 map).

Contains 2 pages of references.

Columbia River Salmon: Are Any Of The Esa Tools Adequate For The Job?, John M. Volkman

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

32 pages.

Contains footnotes.

Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

Contains 3 pages of references.

The Need For Local Government Cooperation In Maintaining Environmental Quality: Deq V. Mudville, Chris D. Brown

Brigham Young University Prelaw Review

The preservation of air and water quality is at the heart of maintaining a safe environment. It has therefore been the responsibility of the Department of Environmental Quality, through state statute, to "ensure a safe and healthy environment for all residents, maintain healthy ecosystems needed for the development of tourist activities and promote economic development." Standards have been set by the Clean Air Act and the Clean Water Act for the acceptable level of contamination to both air and water before they are determined unsafe. A proposed lawsuit against the city of Mudville by the DEQ is an example of …

Takings In The Court Of Federal Claims: Does The Court Make Takings Policy In Hage?, Danielle M. Stager

University of Richmond Law Review

In the eleven western states, almost half of the land is federally owned and a large percentage of that federal land is used for grazing privately-owned domestic livestock. The Department of the Interior estimates that permitted grazing occurs on thirty-six percent of federal land, but this percentage is much higher in the areas containing more federal rangeland. In 1990, the eleven western states had approximately seventeen million beef cattle and 102,800 beef producers. Roughly eighteen percent of those beef producers had federal grazing permits, but in some states that percentage was much higher. For example, eighty-eight percent of the cattle …

Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank

Faculty Articles and Other Publications

This Article provides both anecdotal evidence and a more theoretical argument for why textualist statutory interpretation is not the best approach to address environmental. issues.

The Attraction And Limits Of Textualism: The Supreme Court Decision In Pud No. 1 Of Jefferson County V. Washington Dep't Of Ecology, Michael P. Healy

Law Faculty Scholarly Articles

During its 1993 Term, the Supreme Court had the opportunity to consider the interaction between two federal statutory schemes: the Federal Power Act (FPA), which provides that the Federal Energy Regulatory Commission (FERC) has the authority to regulate and license hydropower projects, and the Clean Water Act (CWA), which provides that states have the authority to adopt water quality standards and that federal law will impose and enforce those standards in regulating emissions into, and the quality of, waters of the United States. The tension created by these two statutes lies not only between federal agencies, but more importantly, between …

Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi

Indiana Law Journal

No abstract provided.