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- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (8)
- Michigan Law Review (7)
- Public Land & Resources Law Review (7)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (6)
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (5)
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- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (5)
- 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) (5)
- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (4)
- University of Richmond Law Review (4)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (3)
- Indiana Law Journal (3)
- Michigan Journal of Environmental & Administrative Law (3)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (3)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (3)
- University of Michigan Journal of Law Reform (3)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (2)
- Journal of the National Association of Administrative Law Judiciary (2)
- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (2)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (2)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (2)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (2)
- Articles (1)
- Best Practices for Community and Environmental Protection (October 14) (1)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Celebrating the Centennial of the Antiquities Act (October 9) (1)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles (1)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
- Georgia Journal of International & Comparative Law (1)
- Publication Type
Articles 91 - 107 of 107
Full-Text Articles in Law
Does Nepa Require An Impact Statement On Inaction?, Michigan Law Review
Does Nepa Require An Impact Statement On Inaction?, Michigan Law Review
Michigan Law Review
This Note considers the question of whether NEPA requires an EIS in cases of official refusal to exercise discretionary agency authority. Part I develops the competing theories for resolving this question. The current judicial attitude, which has excluded important cases with far-reaching environmental effects from the EIS requirement, plainly frustrates the statute's procedural purposes. Regulations promulgated by the Council on Environmental Quality define "major federal action" to include the failure to act under certain circumstances, and offer one alternative to the current approach. But the regulations condition the classification of inaction as action upon reviewability under the Administrative Procedures Act, …
Eis Supplements For Improperly Completed Projects: A Logical Extension Of Judicial Review Under Nepa, Michigan Law Review
Eis Supplements For Improperly Completed Projects: A Logical Extension Of Judicial Review Under Nepa, Michigan Law Review
Michigan Law Review
This Note argues that the private cause of action under NEPA retains its utility despite the completion of the project sued upon. Part I describes the procedural implementation of the policy concerns underlying NEPA through the EIS process for proposed actions, and the EIS supplementation process for project changes made after the original EIS has been prepared. Part II examines current law applicable to projects completed in violation of NEPA and concludes that the denial of post-completion relief conflicts with the underlying goals of NEPA. Part III analyzes extension of relief to completed projects, and proposes court-ordered EIS supplementation for …
Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller
Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller
University of Richmond Law Review
In recent years, there has been growing judicial concern about the fairness of action by administrative agencies and the ability of courts to effectively review this action. This concern stems from the increased use of informal procedures by agencies promulgating rules or orders, to accomplish the congressional objectives set out in their substantive statutes. In response, certain federal courts of appeal have begun to impose upon these agencies more procedural safeguards than are required by either the Administrative Procedure Act (APA) or substantive statutes. These judicially imposed safeguards are more commonly known as hybrid procedures.
Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:
- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"
- June 1981: "Water Resources Allocation: Laws and Emerging Issues"
- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"
- June 1983: "Groundwater: Allocation, Development and Pollution"
(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)
Instructors for this conference included University …
Putting Bite In Nepa's Bark: New Council On Environmental Quality Regulations For The Preparation Of Environmental Impact Statements, David M. Lesser
Putting Bite In Nepa's Bark: New Council On Environmental Quality Regulations For The Preparation Of Environmental Impact Statements, David M. Lesser
University of Michigan Journal of Law Reform
This article will examine the new regulations to assess the manner in which they will affect federal decisionmaking. Part I briefly reviews the role the NEPA process has heretofore played in agency decisionmaking and its potential for the future. Parts II, III, and IV discuss specific provisions of the new regulations which may profoundly affect the agencies. Part II examines those sections of the regulations which seek to ensure that the EIS contains the substantive information necessary to fulfill NEPA's policies. Part III discusses significant procedural changes in the environmental assessment process designed to insure that this substantive information is …
Of Crabbed Interpretations And Frustrated Mandates: The Effect Of Environmental Policy Acts On Pre-Existing Agency Authority, Carl W. Tobias, Daniel N. Mclean
Of Crabbed Interpretations And Frustrated Mandates: The Effect Of Environmental Policy Acts On Pre-Existing Agency Authority, Carl W. Tobias, Daniel N. Mclean
Law Faculty Publications
When Congress passed the National Environmental Policy Act (NEPA) in 1969, the legislation was acclaimed as one of the most important environmental measures ever enacted. States soon followed the federal lead, so that by 1976 thirty jurisdictions had adopted statutes similar to the national legislation. The Montana legislature was in the vanguard, passing the Montana Environmental Policy Act (MEPA) in 1971.
The federal agencies now appear to have accepted full responsibility for implementation of NEPA, despite some initial reluctance. Several agencies contended at first that the statute did not authorize them to consider in decisionmaking any environmental factors not expressly …
A Hard Look At Vermont Yankee: Environmental Law Under Close Scrutiny, William H. Rodgers, Jr.
A Hard Look At Vermont Yankee: Environmental Law Under Close Scrutiny, William H. Rodgers, Jr.
Articles
In Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. the Supreme Court unanimously reversed the District of Columbia Circuit in two cases that closely scrutinized decisions of the Nuclear Regulatory Commission and, in so doing, questioned settled habits of judicial review of administrative action affecting the environment. In this article Professor Rodgers analyzes four implications of Vermont Yankee—substantive judicial review under the National Environmental Policy Act, judicial imposition of procedures upon agencies beyond the statutory minima of the Administrative Procedure Act, the obligation of the agencies to consider alternatives in the environmental impact statement without regard to …
Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk
Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk
University of Richmond Law Review
The first comprehensive legislation for the protection of endangered species was the Endangered Species Conservation Act of 1966. It provided for "a program for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife ... that are threatened with extinction."' In 1969, Congress expanded the Act in several important respects; however, it became apparent, as stated in 1972 by President Nixon, that the existing legislation "simply [did] not provide the kind of management tools needed to act early enough to save a vanishing species."'
Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley
Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
Program Environmental Impact Statements: Review And Remedies, Michigan Law Review
Program Environmental Impact Statements: Review And Remedies, Michigan Law Review
Michigan Law Review
This Note discusses the application of NEPA to federal programs. It first analyzes when the courts have required a program impact statement and draws upon that analysis to explain the relative functions of site-specific and program statements. It then examines the appropriate scope of judicial inquiry and the proper standards for reviewing federal program compliance with NEPA. Finally, the Note scrutinizes the types of remedies that may be imposed if a program does not comply with NEPA and proposes a procedure for determining the proper scope of judicial remedies.
The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review
The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review
Michigan Law Review
This Note analyzes the extent to which NEPA's section 102(2) procedural requirements, specifically the impact statement requirement of section 102(2) (C), apply to federal agencies in their activities abroad. After determining that Congress does possess the authority to extend the requirements of NEPA to all federal agency actions, and that legislative intent will thus control the territorial scope of these requirements, consideration will be given to the presumption against the extraterritorial application of congressional enactments. It will be concluded that a "clear statement" of congressional intent is not required in the case of NEPA and that the scope of the …
Citizen Suits In The Environmental Field – Peril Or Promise?, Roger C. Cramton
Citizen Suits In The Environmental Field – Peril Or Promise?, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Substance And Procedure In The Construction Of The National Environmental Policy Act, Lloyd A. Fox
Substance And Procedure In The Construction Of The National Environmental Policy Act, Lloyd A. Fox
University of Michigan Journal of Law Reform
In 1969 Congress enacted the National Environmental Policy Act (NEPA or Act) in an effort to deal with the many environmental problems facing the United States. In the three years that the Act has been in force, a large number of suits has been filed by environmental organizations seeking to enforce the standards enunciated in NEPA. The courts hearing these cases generally agree that NEPA imposes only procedural duties on administrative agencies. This implies that the courts will merely determine whether the agency in question has complied with the procedural requirements contained in Section 102 of the Act. This further …
On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg
On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg
Michigan Law Review
This Article is concerned with the effect of NEPA on administrative decision-making. What benefits has NEPA conferred on us? What dangers have emerged? What questions remain to be clarified if NEP A's benefits are to be achieved while minimizing any negative side effects?
The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus
The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus
Indiana Law Journal
Symposium: Administrative Law and the Environment: National Fuels Policy
Administrative Agencies And The Energy Problem (Symposium Introduction), Ralph F. Fuchs
Administrative Agencies And The Energy Problem (Symposium Introduction), Ralph F. Fuchs
Indiana Law Journal
Administrative Law and the Environment: National Fuels Policy, Symposium
The National Environmental Policy Act, The Freedom Of Information Act, And The Atomic Energy Commission: The Need For Environmental Information, Alice M. Craft
The National Environmental Policy Act, The Freedom Of Information Act, And The Atomic Energy Commission: The Need For Environmental Information, Alice M. Craft
Indiana Law Journal
No abstract provided.