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University of Richmond

University of Richmond Law Review

NEPA

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Full-Text Articles in Administrative Law

Agency Action, Finality And Geographical Nexus: Judicial Review Of Agency Compliance With Nepa's Programmatic Environmental Impact Statement Requirement After Lujan V. National Wildlife Federation, Matthew C. Porterfield Jan 1994

Agency Action, Finality And Geographical Nexus: Judicial Review Of Agency Compliance With Nepa's Programmatic Environmental Impact Statement Requirement After Lujan V. National Wildlife Federation, Matthew C. Porterfield

University of Richmond Law Review

In recent years, there has been an increasing recognition of the need to address the complex and interrelated impacts that result from human interaction with the environment. One of the most effective tools for evaluating these impacts has been the preparation of programmatic environmental impact statements (EISs) pursuant to the National Environmental Policy Act of 1969 (NEPA). The status of programmatic EISs, however, has been called into question by the Supreme Court's decision in Lujan v. National Wildlife Federation, which has been interpreted by numerous commentators as heralding the end of "programmatic" environmental lawsuits. Even more significantly, Lujan has been …


Unfinished Business: The Regulation Of Uranium Mining And Milling, Elizabeth V. Scott Jan 1984

Unfinished Business: The Regulation Of Uranium Mining And Milling, Elizabeth V. Scott

University of Richmond Law Review

In July of 1982, the Marline Uranium Corporation announced the discovery of a major deposit of commercially minable uranium in southside Virginia, the first major find east of the Mississippi River. Marline and the Union Carbide Corporation are planning a $200 million mining and milling complex to develop the deposit. The operation is projected to create 900 new jobs and bring $4.3 million in yearly tax revenues to Virginia and to Pittsylvania County.


Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller Jan 1981

Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller

University of Richmond Law Review

In recent years, there has been growing judicial concern about the fairness of action by administrative agencies and the ability of courts to effectively review this action. This concern stems from the increased use of informal procedures by agencies promulgating rules or orders, to accomplish the congressional objectives set out in their substantive statutes. In response, certain federal courts of appeal have begun to impose upon these agencies more procedural safeguards than are required by either the Administrative Procedure Act (APA) or substantive statutes. These judicially imposed safeguards are more commonly known as hybrid procedures.


Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk Jan 1979

Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk

University of Richmond Law Review

The first comprehensive legislation for the protection of endangered species was the Endangered Species Conservation Act of 1966. It provided for "a program for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife ... that are threatened with extinction."' In 1969, Congress expanded the Act in several important respects; however, it became apparent, as stated in 1972 by President Nixon, that the existing legislation "simply [did] not provide the kind of management tools needed to act early enough to save a vanishing species."'