Law Commons^™

Procedural Due Process Under Superfund, Frank B. Cross

BYU Law Review

No abstract provided.

Decree: The Congress Of The United Mexican States Decrees Federal Act Relating To The Sea, Congress Of The United Mexican States

Natural Resources Journal

No abstract provided.

Transboundary Oil And Gas Selected Bibliography, Alberto Székely

Natural Resources Journal

No abstract provided.

A New Approach To Review Of Nepa Findings Of No Significant Impact, Geoffrey Garver

Michigan Law Review

This Note examines the confused array of judicial approaches for reviewing agency findings of no significant environmental impact and proposes a standardized, comprehensive approach that ensures compliance with both the procedural and substantive aspects of NEPA. Part I reviews agency procedures mandated by NEPA which ensure that agencies develop a detailed record for judicial scrutiny and constitute the legal basis against which to check agency threshold decisions. Part II examines the conflicting approaches of the lower courts, emphasizing their reliance on Supreme Court decisions, their characterization of the threshold decision as legal or factual, and the burden of proof each …

Citizen Suits Alleging Past Violations Of The Clean Water Act

Washington and Lee Law Review

No abstract provided.

Binational Uses Of Transboundary Air Resources: The International Entitlement Issue Reconsidered, Gunther Handl

Natural Resources Journal

No abstract provided.

Comment On "The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment", Michael J. Perry

William & Mary Law Review

No abstract provided.

In The Wake Of The Snail Darter: An Environmental Law Paradigm And Its Consequences, Zygmunt J.B. Plater

University of Michigan Journal of Law Reform

Everything is connected to everything else: so goes the first law of ecology. This interconnectedness is reflected in environmental law as well, extending beyond natural science and particular resource conflicts to link environmental law intimately with the politics, philosophies, economics, and societal values that form its much larger context-an ecology of human and natural systems.

The Tellico Dam litigation reflected this interconnectedness. On its face, it was a simple environmental confrontation; it will be remembered as the "extreme" case of the little endangered fish, the snail darter, that almost stopped a Tennessee Valley Authority (TVA) dam. But if one picks …

The Dilution Of The Clean Water Act, Mark C. Van Putten, Bradley D. Jackson

University of Michigan Journal of Law Reform

This Article argues that the zero discharge goal of the Clean Water Act is more than naive rhetoric. To the contrary, it is the Act's raison d'être, and it is woven into the fabric of the Act's operative provisions. So understood, the zero discharge goal can and should provide continuing guidance for EPA's implementation of the Act.

Reducing Acid Rain In Eastern North America: The Scientific Basis For An Acid Rain Control Policy, Michael Oppenheimer

University of Michigan Journal of Law Reform

This Article presents the scientific basis for an effective acid rain control policy. Part I suggests that if a choice must be made, regulation should focus primarily on sulfur dioxide emissions rather than nitrogen oxide emissions because sulfur deposition is the major cause of watershed acidification. Part II explains the need for at least a fifty percent reduction in sulfur dioxide emissions to meet a "safe" deposition level. Part III specifies the geographical allocation of sulfur emission reductions necessary to attain target deposition levels in the northeastern United States and southeastern Canada. The Article concludes by demonstrating the need for …

Pennsylvania's Implementation Of The Surface Mining Control And Reclamation Act: An Assessment Of How "Cooperative Federalism" Can Make State Regulatory Programs More Effective, John C. Dernbach

University of Michigan Journal of Law Reform

This Article first explains the background against which Pennsylvania's implementation of SMCRA has occurred. Coal mining has had a serious and continuing effect on the State's environment, as Part I explains. In response to these effects, Pennsylvania began to regulate coal mining many decades ago. This regulatory development reached a milestone when the State achieved primacy under SMCRA in 1982.

Part II suggests that the new program in Pennsylvania has been responsible for substantial reductions in adverse environmental effects from surface coal mining, particularly less erosion and sedimentation, less acid mine drainage, and more backfilling. In addition, Part II explains …

The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt

William & Mary Law Review

No abstract provided.

Introduction, Joseph L. Sax

University of Michigan Journal of Law Reform

This symposium was conceived as a way of asking how much, and in what ways, environmental law had changed since its beginnings some twenty years ago. Except for Samuel Hays, a prominent historian of the environmental movement, none of the participants addresses those questions directly. By indirection, however, each one provides an answer. Far from fading away, environmental law has become institutionalized, an accepted and significant enterprise both for government and for attorneys. It was not always thus. Twenty years ago, there was probably not a single lawyer in the United States who devoted any significant part of his or …

Preclusion Under Primacy: The Effect Of Prior State Determinations On Federal Oversight Enforcement Under The Surface Mining Control And Reclamation Act, John A. Macleod, Thomas C. Means

West Virginia Law Review

The enactment of the Federal Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) launched a new era in the regulation of surface coal mining and the surface effects of underground mining. SMCRA ended the era of exclusive state regulation, prompted in substantial part by the perceived failure of the states to do the job effectively. Instead, there was substituted a federal program of stringent environmental controls and performance standards, accompanied by a mechanism through which the states could regain regulatory predominance. A state that wanted to regulate surface coal mining operations within its borders could develop …

Hazardous And Solid Waste Laws And Regulations: Effects On The Mining Of Coal And Other Minerals, David B. Graham, John S. Lopatto Iii

West Virginia Law Review

No abstract provided.

Poisoning For Profit: The Mafia And Toxic Waste In America, Geoffrey Garver

Michigan Law Review

A Review of Poisoning for Profit: The Mafia and Toxic Waste in America by Alan A. Block and Frank R. Scarpitti

Effectiveness Of The Surface Mining Control And Reclamation Act: Reclamation Or Regulatory Subversion, Louise C. Dunlap, James S. Lyon

West Virginia Law Review

No abstract provided.

States Make The Surface Mining Control And Reclamation Act Work, Jed C. Christensen

West Virginia Law Review

No abstract provided.

Effective Implementation Of The Surface Mining Act: Give States A Chance, Daniel R. Gerkin

West Virginia Law Review

No abstract provided.

Assuring Federal Facility Compliance With The Rcra And Other Environmental Statutes: An Adminsitrative Proposal, David W. Goewey

William & Mary Law Review

No abstract provided.

Low-Level Radioactive Waste, Kathleen E. Woodward

William & Mary Environmental Law and Policy Review

No abstract provided.

Groundwater Contamination, Kevin B. Smith

William & Mary Environmental Law and Policy Review

No abstract provided.

State Primacy Under The Office Of Surface Mining, Carl E. Bagge

West Virginia Law Review

No abstract provided.

How Effective Is The Federal Stripmining Law, John F. Seiberling

West Virginia Law Review

No abstract provided.

Uranium Mining In Virginia, David C. Cozad

William & Mary Environmental Law and Policy Review

No abstract provided.

Compensating Manufacturers Submitting Health And Safety Data To Support Product Registrations After Ruckelshaus V. Monsanto, Eric E. Boyd

Indiana Law Journal

No abstract provided.

Conserving The Nation's Heritage Using The Uniform Conservation Easement Act, Ellen Edge Katz

Washington and Lee Law Review

No abstract provided.

Preemption In The Fisheries And The United Nations' Law Of The Sea Treaty, Leslie M. Macrae

Penn State International Law Review

This article will examine the potential serious impact on traditional patterns of fishery management in the United States if the Law of the Sea Treaty is eventually signed. Preemption, a process by which the federal government takes over fishery management within the coastal states' territorial waters, may be facilitated, and in some cases required, if the Treaty is adopted.

Public Utilities, Cathy Rider Culhane

West Virginia Law Review

No abstract provided.

The Hammer Clause Of The Reclamation Reform Act Of 1982, Ray G. Huffaker, B. Delworth Gardner

Natural Resources Journal

No abstract provided.