Law Commons^™

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

Elisabeth Haub School of 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.

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

David A. Wirth

No abstract provided.

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

David A. Wirth

No abstract provided.

Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky

Akron Law Faculty Publications

This article will describe the legal and policy burdens of proof applicable to environmental decision-making and the shifts that have occurred in allocating those burdens. The initial change occurred when common-law principles gave way to a pro-protection legal framework established during an "environmental era." The second change occurred more recently when a new environmental policy law agenda was set. Through regulatory reforms, policy alterations, statutory proposals and budgetary and personnel actions, the federal executive is now seeking to develop a more pro-development structure and again place the burden of proof on those seeking to secure government action to protect the …

Book Review (Reviewing Wesley A. Magat, Reform Of Environmental Regulation (1982)), John C. Dernbach, Thomas Y. Au

John C. Dernbach

No abstract provided.

Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky

Martin H. Belsky

This article will describe the legal and policy burdens of proof applicable to environmental decision-making and the shifts that have occurred in allocating those burdens. The initial change occurred when common-law principles gave way to a pro-protection legal framework established during an "environmental era." The second change occurred more recently when a new environmental policy law agenda was set. Through regulatory reforms, policy alterations, statutory proposals and budgetary and personnel actions, the federal executive is now seeking to develop a more pro-development structure and again place the burden of proof on those seeking to secure government action to protect the …

An Overview Of Comparative Environmental Law (With P. Tarek), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Introduction To Symposium, Water Rights, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

National Power, State Resource Sovereignty And Federalism In The 1980'S: Scaling America's Magic Mountain, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

An Overview Of Comparative Environmental Law (With P. Tarek), A. Dan Tarlock

Dan Tarlock

No abstract provided.

Introduction To Symposium, Water Rights, A. Dan Tarlock

Dan Tarlock

No abstract provided.

National Power, State Resource Sovereignty And Federalism In The 1980'S: Scaling America's Magic Mountain, A. Dan Tarlock

Dan Tarlock

No abstract provided.

Secretary Of Interior (Watt) V. California, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Early development of a strategy involves a thorough knowledge of the facts of the case, a knowledge of possible legal defenses, and an ability to predict governmental concerns and actions. Since the facts will differ from case to case, no single strategy can be recommended although a number are suggested. The following discussion of possible legal defenses is by no means exhaustive. The government's announced intentions and attitudes are examined, together with some of the relevant forces at work on and in the government. From considering the facts, possible defenses, are probable government reactions, strategies can be developed and tactics …

Review Of Land Use Conflicts: Organizational Design And Resource Management; Environmental Impact Review And Housing: Process Lessons From The California Experience; Creative Land Development: Bridge To The Future; And Toward Eden, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Federal Proprietary Water Rights For Western Energy Development: An Analysis Of A Red Herring? (With S. Fairfax), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Federal Proprietary Water Rights For Western Energy Development: An Analysis Of A Red Herring? (With S. Fairfax), A. Dan Tarlock

Dan Tarlock

No abstract provided.

Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

The technique of environmental impact assessment has emerged as the principal regulatory tool for assuring that each person acts "so that due consideration is given to preventing environmental damage." Just as the National Environmental Policy Act (NEPA) requires that each of the federal government's agencies assure that its decisions will be environmentally sound, so have many of the various states decreed that their agencies and political subdivisions shall maximize environmental protection.

Book Review (Reviewing Bruce A. Ackerman & William T. Hassler, Clean Coal/Dirty Air (1981)), John C. Dernbach, Thomas Y. Au

John C. Dernbach

No abstract provided.

Protecting The Seas From Nuclear Pollution, George D. Haimbaugh Jr.

South Carolina Law Review

No abstract provided.

Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt

Fordham Urban Law Journal

This article examines the concept of cogeneration, a term for the simultaneous production of both electricity and other useful energy in a single facility by a cascading use of heat energy. It analyzes the rise of cogeneration through the lens of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), enacted by Congress to improve the distribution of electric energy and encourage the conservation of resources, as well as the efforts of the Federal Energy Regulatory Commission ("FERC") to encourage cogeneration. This article discusses a number of the issues raised and left unresolved by this federal policy of encouraging the …

Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Historic Preservation Law has come to mean that combination of regulations, common-law property principles, tax incentives, and adjective law in administrative proceedings, governing historic sites and property within the United States. Although Congress first recognized a need to conserve the nation's wealth of historic amenities in 1906 when it adopted The Antiquities Act, it was only with the nation's bicentennial that the volume and diversity of laws designed to maintain, protect and preserve historic America grew to the point where it could be said that a new field of law had emerged. The symposium which follows this essay represents the …

Introduction: Emerging International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This Introduction notes the emerging mandate for international environmental law and the concurrent problems of implementation. It focuses on two particular applications of this new mandate: the United States-Panama Joint Environment Commission for the Panama Canal, and the suggested role of the United Nations Environment Programme in developing a system of global environmental hazard alerts.

Cogeneration: A Successful Response To The Energy Crisis?, Charles M. Pratt

Fordham Urban Law Journal

This article examines the concept of cogeneration, a term for the simultaneous production of both electricity and other useful energy in a single facility by a cascading use of heat energy. It analyzes the rise of cogeneration through the lens of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), enacted by Congress to improve the distribution of electric energy and encourage the conservation of resources, as well as the efforts of the Federal Energy Regulatory Commission ("FERC") to encourage cogeneration. This article discusses a number of the issues raised and left unresolved by this federal policy of encouraging the …

Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra

Fordham Urban Law Journal

This article focuses on the increasing effects of carcinogens and toxins into the environment on the public health, particularly the hazards of radiation. Utilizing the Three Mile Island nuclear power accident as a case study, it examines the theoretical battles over nuclear power production. It analyzes whether residents living near the Three Mile Island facility were entitled to a health warning due to the radiation emitted by the accident. The article proposes that the Nuclear Regulatory Commission should be the body that issues such a warning, and examines whether the issuance of a health warning is a nondiscretionary duty of …

Mepa Ten Years Later, Joseph Sax

Joseph L. Sax

No abstract provided.

Environmental Protection Agency V. National Crushed Stone Assn., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Western Water Law And Coal Development, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Western Water Law And Coal Development, A. Dan Tarlock

Dan Tarlock

No abstract provided.

Virginia Fisheries And The Environment: Proceedings, William & Mary Law School, Virginia Marine Resources Commission, Virginia Institute Of Marine Science

Law School Conferences: Ephemera

Held December 8, 1979 at the Colonial Williamsburg Lodge.

Funded by the Virginia Environmental Endowment. Sponsored by the Marshall-Wythe School of Law, with the cooperation of the Virginia Marine Resources Commission and the Virginia Institute of Marine Science.

Symposium Participants (in order of appearance): Perkins Wilson, L. Eugene Cronin, Luie Fass, Ivar Strand, Carl L. Herring, Jr., J.B. Jackson, Herbert M. Austin, James Chambers, Robert R. Huggett, Ronald Gregory, John Wedin, Turner Smith, Jackson Davis, William M. Feinberg, James F. McHugh, John M. DeMaria, Jr., N. Bartlett Theberge, Evelyn M. Hailey, Allen W. Haynie, and Thomas J. Schoenbaum.