Law Commons^™

The Use And Legal Significance Of The Mean High Water Line In Coastal Boundary Mapping, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

The effect of unplanned and ill-conceived land use development on the coastal ecology has been well documented in recent years. Recognizing the need for more effective governmental control in this area, a number of state legislatures have enacted statutes to protect the coastal environment and encourage the orderly development of coastal resources. These efforts have received the support of the federal government as well.

Determination of coastal boundaries is essential to the development of an effective coastal zone management program. In general such boundaries represent the intersection of the shore with a particular tidal elevation. However, the demarcation of coastal …

Environmental Benefits Of Reducing Excess Air Transport Capacity, Scott C. Whitney

Faculty Publications

No abstract provided.

Growth Management And Constitutional Rights--Part I: The Blessings Of Quiet Seclusion, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Development Of The Rio Grande Compact, Raymond A. Hill

Publications

Thirty-six years have elapsed since the Rio Grande Compact of 1938, N.M.S.A. Section 75-34-3 (Repl. 1968), was entered into by Colorado, New Mexico, and Texas, and approved by the United States of America. Administration of the Compact since then has been the responsibility of many different persons, few of whom had personal knowledge of the circumstances of the negotiation of this Compact. Consequently, there has been a growing tendency towards interpretation of some of the provisions of the Rio Grande Compact in a manner contrary to the intent of those who participated in its negotiation.

Mr. Hill has intimately connected …

The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe

Faculty Scholarship

This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative …

Electricity And The Environment: A Season Of Discontent, George P. Smith Ii

Scholarly Articles

No abstract provided.

Book Review. Nepa In The Courts: A Legal Analysis Of The National Environmental Policy Act By F. R. Anderson, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article's thesis is that attorneys cannot wait any longer to begin practicing environmental law. The bar has a responsibility to insure that our laws are obeyed and implemented. In advising a client regarding compliance with environmental laws, the legal counselor has unique opportunities to advance not only the client's interests, but also the public's interest in environmental protection.

Environmental Law--Introduction, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Despite the vast mountain ranges, rivers, parks, coasts and forests within the bounds of its jurisdiction, the Second Circuit has had little occasion to decide many cases in the area of environmental law. Nonetheless, sufficient decisions do exist to indicate tentative outlines of the Second Circuit's disposition to date of such cases. On balance, the Second Circuit has carefully and conservatively hewed to the mandate of Congress in its construction of statutes, has mediated the competing demands of development and environmental protection, and has cautiously supported conservationists while sharply criticizing some of their tactics in administrative proceedings. This characterization can …

State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley

Articles by Maurer Faculty

No abstract provided.

The Application Of The National Environmental Policy Act Of 1969 To The Darien Gap Highway Project, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article will focus on the initial Department of State position, as set forth in a legal memorandum which interpreted NEPA as not requiring compliance by a foreign affairs agency. It will then examine the language of the Act and its legislative history. Finally, the article will reveal a pattern of official self-insulation from national environmental policy, illustrated by the Export-Import Bank's continuing refusal to comply with NEPA's requirements. It will suggest that much remains to be done if NEPA is to be fully effective in governing the extraterritorial consequences of the federal government's actions.

Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel

Articles

The Organic Act of 1897 provided for the establishment and ,management of the national forest and park lands. In West Virginia Division of the Izaak Walton League v. Butz the United States District Court, applying the "plain meaning" of the Organic Act, permanently enjoined clearcutting on the Monongahela National Forest of West Virginia. The meaning of isolated words, however, is rarely determinative of Congressional intent. This article will demonstrate the shortcomings of the court's decision through an examination of the doctrines of statutory construction and analysis of the legislative history and administrative interpretation of the Act and by addressing the …

Toward An International Standard Of Environment, George P. Smith Ii

Scholarly Articles

No abstract provided.

The Environment And The Judiciary: A Need For Co-Operation Or Reform, George P. Smith Ii

Scholarly Articles

In Section 9 of the Federal Water Pollution Control Act Amendments, Congress authorized a study of the feasibility of establishing an environmental court which would have exclusive jurisdiction over environmental matters. This mandate was devoid of any hint as to the shape and functions of the proposed court, and made no attempt to define the contours of an "environmental issue". An examination of the legislative history of the Act is no more helpful in illuminating the Congressional intent. The study was carried out by the Land and Natural Resources Division of the Justice Department which, because of the absence of …

Book Review. A Summary-Digest Of State Water Laws (R. Dewsnup And D. Jensen, Eds.), A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

The Uses Of Scientific Information In Environmental Decisionmaking, A. Dan Tarlock, Marcia R. Gelpe

Articles by Maurer Faculty

No abstract provided.

The Common Lands Concept: A "Commons" Solution To A Common Environmental Problem, Julian C. Juergensmeyer, James Wadley

Faculty Publications By Year

No abstract provided.

The Constitutional Framework Of Environmental Law, Philip Soper

Book Chapters

For federal and state legislators .seeking legal solutions to environmental problems, "constitutional law" is a part of "environmental law" only in the indirect sense of providing the basic legal framework with which substantive environmental standards-like all legislative standards-must ultimately comport. When Congress, for example, enacts legislation to control pollution or to protect endangered species, the constitutional issue theoretically presented is whether such legislation exceeds limits placed by the Framers on federal legislative authority. These limits may result either from the lack of federal power to deal with the problem or from conflict between a federal regulatory scheme and the constitutional …

Environmental Law And Construction Project Management, Michael S. Baram

Faculty Scholarship

Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …