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Series

Environmental Law

1985

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Articles 61 - 73 of 73

Full-Text Articles in Law

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace Jan 1985

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

Articles

No abstract provided.


Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger Jan 1985

Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger

Journal Articles

This article provides a preliminary assessment of the potential effects of the privatization of regulatory enforcement and speculates on what such a realignment might portend for the regulatory process. Based primarily on an indepth review of the first wave of citizen suits brought under the federal Clean Water and Clean Air Acts, it identifies four key problems that can undermine the citizen suit as a device for regulatory enforcement: (1) Citizen suits must surmount a series of doctrinal barriers that could make it difficult or impossible to mount an effective private enforcement campaign. Courts have generally been able to control ...


Exhaustion Of Administrative Remedies: The Lesson From Environmental Cases, Marcia R. Gelpe Jan 1985

Exhaustion Of Administrative Remedies: The Lesson From Environmental Cases, Marcia R. Gelpe

Faculty Scholarship

The law governing exhaustion of administrative remedies is complex and confusing and fosters needless litigation: litigation that is burdensome to the courts and costly to defendants, that adversely affects agency decision making and that by its very existence, wrongly influences courts to dispense with the exhaustion requirement. Exhaustion remains troublesome to the courts; many of the decisions are confusing and poorly reasoned. A reexamination of the exhaustion doctrine is called for, not only to indicate how the cases should be decided, but also to clarify the issues sufficiently to guide parties' behavior so that they may avoid litigation over exhaustion ...


Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale D. Goble Jan 1985

Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale D. Goble

Articles

No abstract provided.


Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger Jan 1985

Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger

Pace Law Faculty Publications

This commentary discusses the nature of the legal loopholes that existed in the original RCRA statute, and highlights several of the provisions of the 1984 RCRA amendments that serve to either rectify or ameliorate the prior deficiencies. It also examines the political factors that affected the passage of the 1984 amendments, enabling them to pass during a period of anti-regulatory emphasis.


Farmland Preservation, Linda A. Malone Jan 1985

Farmland Preservation, Linda A. Malone

Faculty Publications

No abstract provided.


Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches Jan 1985

Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches

Articles

No abstract provided.


Compensation For Victims Of Hazardous Substance Exposure, J. David Prince Jan 1985

Compensation For Victims Of Hazardous Substance Exposure, J. David Prince

Faculty Scholarship

Hazardous wastes, threatening environmental and human safety, are being generated at an alarming rate. In this Article, J. David Prince discusses the threats posed by hazardous wastes and the remedies that are available in Minnesota for dealing with those threats. Professor Prince analyzes a proposed compensation scheme for victims of hazardous waste exposure in Minnesota and suggests that a modification of that scheme be adopted by the Minnesota Legislature.


Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole Jan 1985

Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Defining Public Consumptive Rights In Virginia’S Rivers, Streams, And Lakes: Is Legislative Reform Needed?, Lynda L. Butler Jan 1985

Defining Public Consumptive Rights In Virginia’S Rivers, Streams, And Lakes: Is Legislative Reform Needed?, Lynda L. Butler

Popular Media

No abstract provided.


Private Rights Of Action And Judicial Review In Federal Environmental Law, David A. Wirth, William H. Timbers Jan 1985

Private Rights Of Action And Judicial Review In Federal Environmental Law, David A. Wirth, William H. Timbers

Boston College Law School Faculty Papers

No abstract provided.


Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber Jan 1985

Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber

Faculty Scholarship

No abstract provided.


Remarks (As Panelist) On "International Transfer Of Hazardous Technology And Substances: Caveat Emptor Or State Responsibility? The Case Of Bhopal, India.", David A. Wirth Jan 1985

Remarks (As Panelist) On "International Transfer Of Hazardous Technology And Substances: Caveat Emptor Or State Responsibility? The Case Of Bhopal, India.", David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.