Law Commons^™

The Tennessee Water Quality Control Act Of 1971, Frank E. Maloney

Vanderbilt Law Review

The text of the Act and commentary that follows is the product of a larger study undertaken by Professor Maloney at the request of the 87th General Assembly of the State of Tennessee. This study was the subject of a seminar on environmental protection at the Vanderbilt University School of Law. Four of the participating students--Elbert E. Edwards, III, Thomas H. Graham, Robert D. McCutcheon, and Paul L. Sloan--drafted the proposed statute and commentary under Professor Maloney's supervision with the research assistance of the other members of the class. For many sections of the statute, the drafters drew heavily from …

The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram

Faculty Scholarship

As the rate of electricity generation increases, and as more nuclear power plants-in contrast to fossil fuel and hydro-electric facilities-are built to meet power needs, the use of cooling water and its subsequent discharge in heated states into the environment is expected to rise to massive levels. Estimates of future cooling water use vary and are subject to technical and economic developments, but by 1990, between 640 and 850 billion gallons per day are expected to be required. This range of water use can be roughly equated to one-half to three fourths of the average daily run-off of fresh water …

Qui Tam Actions Under The 1899 Refuse Act: Possibility Of Individual Legal Action To Prevent Water Pollution, Charles N. Drennan

Missouri Law Review

During the decade of the 1960's a host of environmental problems were brought to the attention of the American public, including overpopulation, poisoning from pesticides, air pollution, and water pollution. As a result, concerned individuals joined to form conservation dubs and other groups in an attempt to find methods of combating the various problems. One of the methods proposed in the water pollution area arose from certain provisions in an 1899 statute which has now come to be known as the 1899 Refuse Act. Briefly stated, the Act prohibits the discharge of any refuse matter into navigable water without first …

Theories Of Water Pollution Litigation, Peter N. Davis

Faculty Publications

The common law has traditionally provided the rules that govern relationships among landowners in their use of watercourses. These rules are embodied in the eastern United States in the doctrine of riparian rights, which addresses itself both to water quantity, and to water quality. Persons complaining of pollution of waters abutting their lands have, in addition to redress by complaint to the state pollution control agency, redress by lawsuit against the alleged polluter. This common law supplements the body of statutory law regulating the waters of the state for the benefit of the people.

Industrial Water Pollution And The Refuse Act: A Second Chance For Water Quality, William H. Rodgers, Jr.

Articles

The primary purpose of this Article is to encourage a forceful implementation of the Refuse Act as a second chance to achieve water quality. The presentation commences in Section I with a brief outline of the dimensions of industrial water pollution and the legal and scientific barriers to effective control. Against this background, Section II summarizes the central features of the Refuse Act, presents a narrative history of its recent renovation, and analyzes the major issues arising under the statute.

Section III discusses the traditional industrial and governmental view of water pollution and how a change in regulatory attitude invites …

The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry

Michigan Law Review

The Federal Water Pollution Control Act,1 which was originally enacted in 1948 and which has been amended five times from 1956 to 1970, has been the primary federal response to the problem of water pollution. The development of that Act in the past twenty-two years has been a story of delayed and inadequate response to the increasing problems of water pollution. The development of the Act's enforcement provisions is particularly representative of those problems. It is the purpose of this Article to examine that development, to point out the shortcomings in the Act, and to analyze the effort that has …

Legal Aspects Of A Federal Water Quality Surveillance System, Jon T. Brown, Wallace L. Duncan

Michigan Law Review

Collection of water quality data is also important for the purpose of determining the present and future needs for water resources and for the purpose of determining the proper allocation of limited financial resources among those needs. In addition, such data are necessary in order to conduct research studies and in order to determine water quality trends for the purposes of long-range planning.

Perhaps the best way to collect such data would be to establish a national surveillance system designed to monitor the quality of the nation's water resources. Such a national system is currently under consideration by the Federal …

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.

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 …

Water Pollution -- Attempts To Decontaminate Florida Law, Sheldon J. Plager, Frank E. Maloney, Fletcher N. Baldwin Jr.

Articles by Maurer Faculty

No abstract provided.

Legislation, Law Review Staff

Vanderbilt Law Review

LEGISLATION

Disposition of Unclaimed Dividends and Shares--Distributions from Interstate Business Associations

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Conflict of Laws Problem and Judicial Response

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Water Pollution--State Control Committee

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Comparison of Several Existing Pollution Control Acts

Power Of State Of Indiana To Prevent Pollution Of The Ohio River

Indiana Law Journal

Notes and Comments: Conservation