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Full-Text Articles in Law

Effluent Charges: Water Polution Control, Giovanna M. Longo Jan 1970

Effluent Charges: Water Polution Control, Giovanna M. Longo

University of Michigan Journal of Law Reform

Various schemes to abate pollution have been proposed as the answer to the problem: expansion of existing treatment facilities; imposition of heavy penalties on individual polluters; granting tax incentives to reduce pollution; an absolute prohibition on dumping of certain or all pollutants; and the imposition of effluent charges. The particular remedy that is pursued should be selected on the basis of its ability to eliminate the root causes of pollution. Therefore, before an effective solution may be formulated, it is necessary to consider the reasons for the existence of the water pollution problem.


Michigan Environmental Protection Act Of 1970, Susan Pearce Jan 1970

Michigan Environmental Protection Act Of 1970, Susan Pearce

University of Michigan Journal of Law Reform

Widespread public preoccupation with environmental quality is a recent development, and one that has provided the impetus for a thorough examination of existing governmental structures in order to establish a functional system for the environment's protection and improvement. Commenting on this development, a leading environmental lawyer recently noted: "[T]he explosion of concern for the environment, at every private and governmental level, is the great political phenomenon of the last twelve months." As concern has grown about the quality of the environment, so too has skepticism increased about the ability of present institutions to cope with the problem. A constitutional amendment …


Michigan Air Pollution Control: A Case Study, William A. Irwin Jan 1970

Michigan Air Pollution Control: A Case Study, William A. Irwin

University of Michigan Journal of Law Reform

The State of Michigan began its fight against air pollution with the passage of two Acts in 1965: the Air Pollution Act and the Tax Exemption for Air Pollution Control Act. In adopting these acts the legislature hoped to solve the state's special needs for immediate air pollution control, created by the heavy concentration of automobile manufacturers and their suppliers in the state. The fight was to be waged through the efforts of a newly-created Air Pollution Control Commission and its staff. To present an evaluation of the success of these efforts, this comment concentrates upon two case studies of …


Water Pollution Control In Vermont: A System Of Effluent Charges, Hobart Birmingham Jan 1970

Water Pollution Control In Vermont: A System Of Effluent Charges, Hobart Birmingham

University of Michigan Journal of Law Reform

In the final hours of a three month session, Vermont's legislature adopted a water pollution control law which imposes fees on polluters. Control of water pollution has been a popular issue in Vermont-its first comprehensive laws on the subject were passed in 1949 -and this new legislation is designed to be a major step toward upgrading much of that state's water resources. Increasing industrial and municipal water use has resulted in such widespread pollution that the traditional private law of riparian rights provides an inadequate remedy to the problem of unclean water. Consequently, state intervention has become essential to the …


Michigan Environmental Protection Act, Roger L. Conner Jan 1970

Michigan Environmental Protection Act, Roger L. Conner

University of Michigan Journal of Law Reform

Each of the questions discussed in this note revolve around the same basic issue: the propriety of vesting broad power in the courts to prevent environmental destruction, and to develop an environmental common law. The need for the broad standard of the Act derives from the complexity of the problem. The clear authority of the courts to decide cases which have been, or should have been dealt with by an administrative agency is important both for the relationship it establishes between citizens and agencies, and to insure that the policies of the Act will be implemented. In responding to these …