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Full-Text Articles in Law
The Evolution Of Modern North Carolina Environmental And Conservation Policy Legislation, Milton S. Heath Jr., Alex L. Hess Iii
The Evolution Of Modern North Carolina Environmental And Conservation Policy Legislation, Milton S. Heath Jr., Alex L. Hess Iii
Campbell Law Review
This essay ... will trace the evolution and legislative history of modern environmental policy declarations and their interaction with earlier conservation policy declarations. It will also examine two topics that illustrate the evolution of environmental policy through legislation on subjects that are important elements of environmental law: interbasin transfers of water and intergovernmental pollution control law (the "Hardison Amendments"). These two topics were selected to illustrate policy developments reflected in the legislation itself rather than in policy declarations because each of them has had significant legal and political consequences.
Bennett V. Spear: A New Interpretation Of The Citizen-Suit Provision, Lynwood P. Evans
Bennett V. Spear: A New Interpretation Of The Citizen-Suit Provision, Lynwood P. Evans
Campbell Law Review
This Note examines the effect the Supreme Court's decision in Bennett v. Spear will have when the analysis used is applied to other environmental acts that include citizen-suit provisions. In particular, this Note will address how this decision might affect the protection of wetlands under the Clean Water Act. First, this Note will provide a review of the decision in Bennett v. Spear. Second, this Note will discuss the significance of wetlands and the Clean Water Act. Next, this Note will explain the history of the citizen-suit provision that is a part of so many environmental acts. This Note …
A Slash-And-Burn Expedition Through The Law Of Environmental Standing - Lujan V. Defenders Of Wildlife, Donald Strong Higley Ii
A Slash-And-Burn Expedition Through The Law Of Environmental Standing - Lujan V. Defenders Of Wildlife, Donald Strong Higley Ii
Campbell Law Review
The Lujan decision will be assessed firstly, by summarizing the decision in the Case section of this Note. Secondly, the Background section will explore the history of standing litigation with a focus on cases with factual similarities to Lujan. This exploration will include an analysis of the effect of the National Wildlife Federation [hereinafter NWF] case, thus demonstrating standing doctrine as it stood when Lujan was decided. Thirdly, in the Analysis section, three key aspects of the Lujan majority opinion will be analyzed, along with the dissenting and concurring opinions. This analysis will lead to the realization that the …
Underground Storage Tanks: A Lawyer's Guide To Recent Federal And North Carolina Legislation, Thurman A. Gardner Jr.
Underground Storage Tanks: A Lawyer's Guide To Recent Federal And North Carolina Legislation, Thurman A. Gardner Jr.
Campbell Law Review
This Comment focuses on what is already a common problem facing attorneys and their clients who own underground storage tanks (USTSs). That problem, from the client's perspective, is, "What am I supposed to do?" There are a multitude of USTs in the United States. Many of these underground tanks contain petroleum. Often these tanks are located at "mom and pop" gas stations. This Comment focuses on the requirements a commercial gas station owner must follow in the operation of underground storage tanks. This Comment also provides sample lease provisions for the owner of an UST who leases the premises to …
The Pearl In The Oyster: The Public Trust Doctrine In North Carolina, Valerie B. Spalding
The Pearl In The Oyster: The Public Trust Doctrine In North Carolina, Valerie B. Spalding
Campbell Law Review
The first part of this article will trace the history of the public trust doctrine from Roman times, through its application in England, and thence to its development in the United States to the present. The more important issues associated with the doctrine, such as the constitutional "takings clause" argument, will be discussed. The second part of the article will trace the public trust doctrine in North Carolina and explore the underpinnings and rationale of the State v. Credle decision. It will also discuss the issues raised in part one with regard to their application in North Carolina. Finally, the …
North Carolina's 1981 Waste Management Act And Its Impact On Local Governments: The Good, The Bad And The Ugly, Sarah Patterson Brison
North Carolina's 1981 Waste Management Act And Its Impact On Local Governments: The Good, The Bad And The Ugly, Sarah Patterson Brison
Campbell Law Review
This comment will analyze the provisions of the Act which affect local governments by restricting local acts and local ordinances. Further, this comment will examine the constitutionality of the Act as well as the remaining powers for local governments. Other states have chosen to preempt or accomodate local legislation. This comment will examine such provisions in four other states, California, Michigan, New Jersey, and New York.