State and Local Government Law | Open Access Articles

Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde

Michigan Law Review

Primarily due to policy considerations, this Note argues that courts should allocate to the federal agency proposing an activity that may affect the coastal zone the burden of proving consistency with a state CMP. This allocation effectuates Congress's intent to vest states with primary control to preserve the coastal zone. Part I provides a general background of the Act's consistency requirement for federally conducted activities. Part II examines the various factors that courts traditionally consider when allocating burdens of proof in litigation. Part III evaluates these factors as applied to the consistency issue under the CZMA. Part IV concludes that …

Full-Text Articles in State and Local Government Law

Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde

Michigan Law Review

Appeal No. 0499: Michigan Geosearch, Inc. V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Appeal No. 0478: Energy Distributors, Inc. And James And Pauline Primmer V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Appeal No. 0530: Titan Energy Corporation, V. Donald L. Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Appeal No. 0507: Valley Petroleum Management, V. Donald L. Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Appeal No. 0501: W.K. Frost, Inc., V. Donald L. Mason, Chief Division Of Oil And Gas, Ohio Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Appeal No. 0383: Tansky Oil Production V. Donald L. Mason, Chief Division Of Oil And Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Air Resources Board, E. Wagner Hull, L. Kiser

California Regulatory Law Reporter

California Integrated Waste Management Board, J. D. Lounsbery, C. Purdy

California Regulatory Law Reporter

Fish And Game Commission, S. Kelley, Y. Simpson

California Regulatory Law Reporter

Department Of Pesticide Regulation, J. Eden, M. Romeo

California Regulatory Law Reporter

Water Resources Control Board, P. Cooney, L. Grad

California Regulatory Law Reporter

California Coastal Commission, S. Cola, C. Hill

California Regulatory Law Reporter

Auctioneer Commission, J. D'Angelo

California Regulatory Law Reporter

Appeal No. 0476: Kudu Corp. V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Air Resources Board, R. Espinoza, M. Shepard

California Regulatory Law Reporter

Department Of Pesticide Regulation, M. Christian, K. Mcenroe

California Regulatory Law Reporter

California Integrated Waste Management Board, D. De Kervor, K. Kemper

California Regulatory Law Reporter

Water Resources Control Board, J. B. Kehoe, J. Seeberg

California Regulatory Law Reporter

California Coastal Commission, K. Jillson, J. Ross

California Regulatory Law Reporter

Fish And Game Commission, T. L. Archer, C. A. Coyle

California Regulatory Law Reporter

Board Of Forestry, B. Renner, W. S. Schumacher

California Regulatory Law Reporter

Auctioneer Commission, J. D'Angelo

California Regulatory Law Reporter

Building Community Around Water: The Shift From Icon To Substance In The Local Politics Of Water, Donald Snow

Water Organizations in a Changing West (Summer Conference, June 14-16)

Water And Communities: Emerging Issues For Water Organizations, A. Lee Brown, Jr.

Water Organizations in a Changing West (Summer Conference, June 14-16)

Watershed Based Initiatives For Water Resource Planning And Management In Washington State, Kenneth O. Slattery

Water Organizations in a Changing West (Summer Conference, June 14-16)

New Legislative Approaches, Laird Noh

Water Organizations in a Changing West (Summer Conference, June 14-16)

New Legislative Approaches, Larry Morandi

Water Organizations in a Changing West (Summer Conference, June 14-16)

Organizing From The Ground Up: Watershed Initiatives: The Recent Truckee River Experience, Robert S. Pelcyger

Water Organizations in a Changing West (Summer Conference, June 14-16)

Water Quality Impacts Of The Point Of Diversion, Robert C. Helwick

Water Organizations in a Changing West (Summer Conference, June 14-16)