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Articles 1 - 6 of 6
Full-Text Articles in Law
Environmental Benefits Of Reoperation, Relicensing, Decommissioning And Recapture, Richard Roos-Collins
Environmental Benefits Of Reoperation, Relicensing, Decommissioning And Recapture, Richard Roos-Collins
Dams: Water and Power in the New West (Summer Conference, June 2-4)
35 pages.
Contains footnotes.
American Mining Congress V. Army Corps Of Engineers: Ignoring Chevron And The Clean Water Act's Broad Purpose, Bradford Mank
American Mining Congress V. Army Corps Of Engineers: Ignoring Chevron And The Clean Water Act's Broad Purpose, Bradford Mank
Faculty Articles and Other Publications
Part I of this article will provide a brief introduction to section 404 of the Clean Water Act. Part II will examine the Tulloch rule. Part III will examine the district court's opinion. Finally, part IV will demonstrate that section 404(a) is ambiguous regarding whether incidental fallback from dredging may in some circumstances constitute disposal under the statute and, accordingly, that under the Chevron doctrine the district court erred in failing to defer to the agencies' Tulloch rule.
Finding The Pearl In The Oyster: Strategies For A More Effective Implementation Of Virginia's Chesapeake Bay Preservation Act, Patrick J. Skelley Ii
Finding The Pearl In The Oyster: Strategies For A More Effective Implementation Of Virginia's Chesapeake Bay Preservation Act, Patrick J. Skelley Ii
University of Richmond Law Review
Since our nation's infancy, the Chesapeake Bay ("Bay") has been one of Virginia's natural treasures. The Bay is America's largest and historically most productive estuary, valued today as an economic resource, a wilderness sanctuary, and an aesthetic asset. Every year, commercial fishermen harvest blue crabs, oysters, and a multitude of fish species in mass quantities to satiate our desire for seafood. Nature aficionados can observe ospreys, laughing gulls, and other shorebirds taking their share of the Bay's bounty. From the -shoreline, quiet vacation homes overlook the waters across coves and inlets. Despite these idyllic images, the Bay has been facing …
The Politics Of Property Rights, John D. Echeverria
The Politics Of Property Rights, John D. Echeverria
Oklahoma Law Review
No abstract provided.
Still Dirty After Twenty-Five Years: Water Quality Standard Enforcement And The Availability Of Citizen Suits, Michael P. Healy
Still Dirty After Twenty-Five Years: Water Quality Standard Enforcement And The Availability Of Citizen Suits, Michael P. Healy
Law Faculty Scholarly Articles
When Congress enacted the Federal Water Pollution Control Act, commonly known as the Clean Water Act, it established a pollution control regime that imposed a baseline level of technology-based pollution control, and was designed to ensure that water quality would not fall below certain standards. Twenty-five years after the enactment of the Clean Water Act, success may be claimed with regard to technology-based controls. Achieving water quality standard (WQS) compliance has proved much more difficult. Indeed, evaluated from a variety of perspectives, the enforcement of the water quality-based system of pollution control must be viewed as a failure.
In light …
Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard
Territoriality, Risk Perception, And Counterproductive Legal Structures: The Case Of Waste Facility Siting, Michael B. Gerrard
Faculty Scholarship
The siting of hazardous and nuclear waste facilities has proven to be a task of enormous difficulty in our federal system. In this Article, the Author argues that one of the major causal factors for this difficulty is that the legal regime surrounding waste facility siting decisions is not structured in a manner sensitive to the human factors involved. The siting of a hazardous waste facility is likely to generate a negative community response where the imposition of externally made decisions and externally generated wastes fails to take into account the innate human trait of territoriality. Territoriality is a powerful …