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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 …

The Environmental Class Action After Snyder And Zahn: Obtaining Federal Diversity Jurisdiction Over The Class Through Application Of Ancillary Jurisdiction., Jeffrey D. Lavenhar

St. Mary's Law Journal

Abstract Forthcoming.

From Stockholm To Nairobi To Caracas: Route Toward A New International Law?, Lynton K. Caldwell

IUSTITIA

In the future, as in the past, one function of international law will be to formalize and clarify procedures to deal with emergent problems. The international environmental developments noted in this paper, e.g. global monitoring, supervision of the seabed, protection of endangered species, resource allocation, and many others, will require institutional arrangements differing from those with which nations have had experience. Innovation in legal principles and procedures is an almost certain consequence of such developments. Innovations in principle have been among the more obvious outputs of the international environmental conferences and programs since 1968. As these principles are translated, often …

The Florida Environmental Protection Act Of 1971: The Citizen's Role In Environmental Management, Patricia A. Renovitch

Florida State University Law Review

No abstract provided.

United States V. Holland, 373 F. Supp. 665 (M.D. Fla. 1974), Florida State University Law Review

Florida State University Law Review

Federal Jurisdiction- WATER POLLUTION CONTROL- FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972 REACH POLLUTING ACTIVITIES OCCURRING ABOVE MEAN HIGH-WATER LINE.

Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus

Buffalo Law Review

No abstract provided.

The International Commission For The Northwest Atlantic Fisheries: An Experiment In Conservation, Peter Z. R. Finkle

Dalhousie Law Journal

From the sixteenth to the middle of the twentieth century the classical legal doctrine of the freedom of the high seas permitted the continuance of unregulated marine fisheries. At least beyond the narrow limits of the coastal state's territorial sea, the fisherman was generally recognized as free to ply his trade in whatever manner and to any extent he chose. Though disagreements about fishery matters were common in international diplomacy, states did not dispute their freedom to fish the high seas without regulation. Both in the Northeast and Northwest Atlantic the issues of fishery diplomacy were largely restricted to marketing …

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

Faculty Publications

No abstract provided.

The Doctrine Of Primary Jurisdiction Misconceived: End To Common Law Environmental Protection?, Kenneth F. Hoffman

Florida State University Law Review

No abstract provided.

Impounding Pollution Control Funds, Thomas T. Alspach

Florida State University Law Review

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

Should Trees Have Standing? Toward Legal Rights For Natural Objects, Tom R. Moore

Florida State University Law Review

By Christopher D. Stone. Los Altos, California: William Kaufman, Inc. 1974. Pp. xvii, 102. $6.95.

Environmental Law--Acid Mine Drainage, Katherine P. Kenna

West Virginia Law Review

No abstract provided.

Environmental Law--The National Environmental Policy Act, Frederick L. Delp

West Virginia Law Review

No abstract provided.

Environmental Protection: Citizen Action Forcing Agency Compliance Under Limited Judicial Review., Mary Ellen Endres

St. Mary's Law Journal

Abstract Forthcoming.

Rights Of Ownership Or Rights Of Use? - The Need For A New Conceptual Basis For Land Use Policy, Lynton K. Caldwell

William & Mary Law Review

No abstract provided.

Environmental Law—The Requirement For An Impact Statement: A Suggested Framework For Analysis—Loveless V. Yantis, 82 Wn. 2d 754, 513 P.2d 1023 (1973); Eastlake Community Council V. Roanoke Associates, Inc., 82 Wn. 2d 475, 513 P.2d 36 (1973); Stempel V. Department Of Water Resources, 82 Wn. 2d 109, 508 P.2d 166 (1973); Juanita Bay Valley Community Association V. City Of Kirkland, 9 Wn. App. 59, 510 P.2d 1140 (1973), John D. Alkire

Washington Law Review

The EIS requirement is the most precise of SEPA's procedural commands. The EIS itself must be a formal, tangible document. Its contents should reflect intelligent, plenary environmental analysis on the part of responsible government officials. The EIS serves as both the showpiece of the developer and as a target for those opposing the project. It is, in final form, no less than an environmental transcript, providing a critical portion of the record for administrative decisionmaking and judicial review. Hence, because of its visibility and required specificity, and the importance of its role in decision-making, the EIS requirement has come to …

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 …

Environmental Law--Clearcutting In The National Forests: A Violation Of The Organic Act Of 1897, Charles F. Printz Jr.

West Virginia Law Review

No abstract provided.

The Soviet-U.S. Environmental Protection Agreement, Weldon L. Merritt

Natural Resources Journal

No abstract provided.

The Role Of The Michigan Attorney General In Consumer And Environmental Protection, Michigan Law Review

Michigan Law Review

In an effort to clarify the role of the attorney general as public representative, this Note will examine the functioning of the office of the Michigan attorney general. After an analysis of the nature and extent of the attorney general's powers and of his current utilization of those powers, several proposals to increase his effectiveness will be discussed.

The Washington Shoreline Management Act Of 1971, Geoffrey Crooks

Washington Law Review

With approval of the Shoreline Management Act of 1971 (SMA), Washington has joined the increasing ranks of states which are attempting to influence legislatively the course of development of their coastal resources. The Washington Act, unusually broad in scope, concerns not merely "coastal" areas but also shorelines of bodies of water of virtually every description, including lakes and streams so small or so obscure as to be nameless. This article, after briefly describing the circumstances of the SMA's enactment and the prior law, examines and evaluates (to the extent possible based on two years of operation) the resource management program …

The Environmental Coordination Procedures Act Of 1973, Or Ecpa! Ecpa! Rah, Rah, Rah!!, Charles E. Corker, Richard W. Elliott

Washington Law Review

The Washington Legislature in 1973 created procedures, optional with a project developer, for centralized, coordinated processing of the permit applications which state and local government now require for a developer's use of air, water and land. The Act is entitled the Environmental Coordination Procedures Act of 1973 (ECPA), which does not become operative until January 1, 1974. Since its procedures are optional with a project's developer, there is no absolute certainty at the date this article is released for publication that ECPA's coordination will ever be utilized.

The State Environmental Policy Act Of 1971 And Its 1973 Amendments, Charles B. Roe, Jr., Charles W. Lean

Washington Law Review

The intent of this article is to provide an overview of SEPA for the general practitioner. It will discuss generally the Act itself and the rapidly developing federal and state case law, and more specifically the 1973 amendments to SEPA. The article will then suggest both SEPA's shortcomings and possibilities for its improvement.

Contrived Crisis: An Environmental Lawyer's View Of The Supposed Fuel Shortage, Philip Weinberg

Buffalo Law Review

No abstract provided.

Toward Recognition Of Nonsmokers' Rights In Illinois, Lynn F. Vuich

Loyola University Chicago Law Journal

No abstract provided.

Michigan Water Resources Commission Act Amendments: A Response To The Federal Water Pollution Control Act Amendments Of 1972, Jeffrey K. Haynes

University of Michigan Journal of Law Reform

This article appraises the strengths and weaknesses of the WRC Act and its recent amendments. After a description of the federal impetus behind the new amendments, the Michigan statutory framework is evaluated, including comparison of the WRC Act with a model state act designed to meet FWPCA requirements. Finally, the past implementation of the Act is discussed, with suggestions for future improvement.

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 …

Aspects Of A Constitutional Right To A Habitable Environment: Towards An Environmental Due Process, Ronald E. Klipsch

Indiana Law Journal

No abstract provided.

The Pyramid Lake Briefs

American Indian Law Review

No abstract provided.