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Articles 211 - 227 of 227
Full-Text Articles in Law
Program Environmental Impact Statements: Review And Remedies, Michigan Law Review
Program Environmental Impact Statements: Review And Remedies, Michigan Law Review
Michigan Law Review
This Note discusses the application of NEPA to federal programs. It first analyzes when the courts have required a program impact statement and draws upon that analysis to explain the relative functions of site-specific and program statements. It then examines the appropriate scope of judicial inquiry and the proper standards for reviewing federal program compliance with NEPA. Finally, the Note scrutinizes the types of remedies that may be imposed if a program does not comply with NEPA and proposes a procedure for determining the proper scope of judicial remedies.
State Preparation Of Environmental Impact Statements For Federally Aided Highway Programs, Thomas Mcdonough, Jr.
State Preparation Of Environmental Impact Statements For Federally Aided Highway Programs, Thomas Mcdonough, Jr.
Fordham Urban Law Journal
The National Environmental Policy Act (NEPA), passed by Congress in 1969, has been called "the broadest and perhaps most important of the recent statutes [which attempt] . . . to control . . . the destructive engine of material progress." Despite such plaudits, NEPA has been the target of much critical legal commentary and the source of much litigation in the federal courts. Considerable controversy has centered on what is considered the core of NEPA: the required filing of an environmental impact statement (EIS) by agencies undertaking "major Federal actions significantly affecting the quality of the human environment . . …
The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review
The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review
Michigan Law Review
This Note analyzes the extent to which NEPA's section 102(2) procedural requirements, specifically the impact statement requirement of section 102(2) (C), apply to federal agencies in their activities abroad. After determining that Congress does possess the authority to extend the requirements of NEPA to all federal agency actions, and that legislative intent will thus control the territorial scope of these requirements, consideration will be given to the presumption against the extraterritorial application of congressional enactments. It will be concluded that a "clear statement" of congressional intent is not required in the case of NEPA and that the scope of the …
Counterclaim And Countersuit Harassment Of Private Environmental Plaintiffs: The Problem, Its Implications, And Proposed Solutions, Michigan Law Review
Counterclaim And Countersuit Harassment Of Private Environmental Plaintiffs: The Problem, Its Implications, And Proposed Solutions, Michigan Law Review
Michigan Law Review
This Note first outlines the basic characteristics of the counteraction strategy and considers the implications of its future proliferation and then analyzes proposals to eliminate or ameliorate the impact of the strategy in terms of their effectiveness and practicability.
Delegation To Private Parties In American Constitutional Law, George W. Liebmann
Delegation To Private Parties In American Constitutional Law, George W. Liebmann
Indiana Law Journal
No abstract provided.
Land Use Law In Virginia
University of Richmond Law Review
In Virginia and throughout the United States, pressures have been building which are forcing the law of land use planning to a watershed in its development. In response, governments at all levels have been striving to find means of ensuring that the resulting change be in a direction that benefits the greatest number of their citizens. Likewise, the attorney practicing in this area of the law needs to recognize the possibility of fundamental changes, to understand the pressures precipitating an altered legal framework, and to appreciate the complex ramifications of his decisions involving questions of land use. Only through this …
Major Federal Actions Under The National Environmental Policy Act, Claire M. Desrosier
Major Federal Actions Under The National Environmental Policy Act, Claire M. Desrosier
Fordham Law Review
No abstract provided.
Private Attorney General Fees Emerge From The Wilderness, Timothy R. Graham
Private Attorney General Fees Emerge From The Wilderness, Timothy R. Graham
Fordham Law Review
No abstract provided.
The Uses Of Scientific Information In Environmental Decisionmaking, A. Dan Tarlock, Marcia R. Gelpe
The Uses Of Scientific Information In Environmental Decisionmaking, A. Dan Tarlock, Marcia R. Gelpe
Articles by Maurer Faculty
No abstract provided.
Citizen Suits In The Environmental Field – Peril Or Promise?, Roger C. Cramton
Citizen Suits In The Environmental Field – Peril Or Promise?, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Substance And Procedure In The Construction Of The National Environmental Policy Act, Lloyd A. Fox
Substance And Procedure In The Construction Of The National Environmental Policy Act, Lloyd A. Fox
University of Michigan Journal of Law Reform
In 1969 Congress enacted the National Environmental Policy Act (NEPA or Act) in an effort to deal with the many environmental problems facing the United States. In the three years that the Act has been in force, a large number of suits has been filed by environmental organizations seeking to enforce the standards enunciated in NEPA. The courts hearing these cases generally agree that NEPA imposes only procedural duties on administrative agencies. This implies that the courts will merely determine whether the agency in question has complied with the procedural requirements contained in Section 102 of the Act. This further …
On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg
On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg
Michigan Law Review
This Article is concerned with the effect of NEPA on administrative decision-making. What benefits has NEPA conferred on us? What dangers have emerged? What questions remain to be clarified if NEP A's benefits are to be achieved while minimizing any negative side effects?
The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus
The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus
Indiana Law Journal
Symposium: Administrative Law and the Environment: National Fuels Policy
Administrative Agencies And The Energy Problem (Symposium Introduction), Ralph F. Fuchs
Administrative Agencies And The Energy Problem (Symposium Introduction), Ralph F. Fuchs
Indiana Law Journal
Administrative Law and the Environment: National Fuels Policy, Symposium
The National Environmental Policy Act, The Freedom Of Information Act, And The Atomic Energy Commission: The Need For Environmental Information, Alice M. Craft
The National Environmental Policy Act, The Freedom Of Information Act, And The Atomic Energy Commission: The Need For Environmental Information, Alice M. Craft
Indiana Law Journal
No abstract provided.
Retroactive Laws--Environmental Law--Retroactive Application Of The National Environmental Policy Act Of 1969, Michigan Law Review
Retroactive Laws--Environmental Law--Retroactive Application Of The National Environmental Policy Act Of 1969, Michigan Law Review
Michigan Law Review
On January I, 1970, Congress took a major step in the continuing struggle to control man's exploitation of his environment by enacting the National Environmental Policy Act of 1969 (NEPA). This Act, hailed by some conservationists as one of the most important environmental developments of the decade, is designed primarily to prevent the misuse and abuse of the environment resulting either directly or indirectly from federal agency activity. In essence, by establishing a broad national policy giving a strong priority to the consideration of ecological factors and by implementing procedures designed to bring agency action into line with this policy, …
Nepa: Full Of Sound And Fury?
University of Richmond Law Review
Man has been, is, and will continue to be dependent upon the environment for the essential and non-essential components of his existence. In twentieth century America, the inevitable realization that environmental resources are not infinite has fostered an increased interest in stemming the tide of ecological devastation now being carried out in the name of progress and technological convenience.