Digital Commons Network^™

Federal Regulation Of Coal Mine Waste Disposal: A Blueprint For Disaster, Thomas J. Fitzgerald

West Virginia Law Review

No abstract provided.

Ixtoc I: Case Study Of A Major Oil Spill, Peter G. Myer

Marine Affairs Theses and Major Papers

The most disastrous oil spill the western hemisphere has ever witnessed occurred during the 10 months between June 1979 and March 1980, when the experimental well IXTOC I blew out off the coast of Mexico's Yucatan Peninsula. The disaster's effects on South Texas virtually destroyed a year's earnings for the region's tourism industry and cut into the profits of many commercial fishermen. The activities at the well that caused the blowout and subsequent spill, the effects of the oil on Texas' Gulf Coast, and the legal attempts to recover against losses suffered as a result of the spill will be …

Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Berryhill

Law Faculty Publications

The focus of this article is on the state's power of eminent domain as a means of controlling the use of scarce coastal resources. However, in order to determine whether this rather drastic exercise of governmental power is the most appropriate means of effecting its purposes, the state or its delegate must consider the alternatives. This article therefore will first examine briefly other possible means of control; it will then discuss the substantive and procedural requirements of eminent domain; and finally, it will consider problems of post-acquisition resource management.

The Reemergence Of Nuisance Law In Environmental Litigation, Alan Weinstein

Law Faculty Articles and Essays

In the summer of 1980, Chicago's beaches were fouled by raw and inadequately treated sewage, allegedly discharged into Lake Michigan by the Hammond (Indiana) Sanitary District. Clearly, Illinois and Chicago officials wanted to stop pollution of the lake. Surprisingly, they turned to the common law of nuisance, rather than to a regulatory agency or a statutory citizens' suit to obtain relief, charging the city of Hammond and the sanitary district with violations of the Illinois common law of nuisance. While planners are generally familiar with the application of common law nuisance doctrines to resolve disputes between conflicting uses of land, …

The Alaskan State Timber Sales Case: Can The State Require Local Primary Manufacture?, Robert H. Abrams

Journal Publications

No abstract provided.

Thalwegs And Bottom Holes: Oil And Water Law Beneath The Mississippi River, Robert H. Abrams

Journal Publications

No abstract provided.

Judicial Development Of Standards Of Liability In Government Enforcement Actions Under The Comprehensive Environmental Response, Compensation And Liability Act, Stephen Q. Giblin, Dennis M. Kelly

Cleveland State Law Review

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) represents the first major attempt on a national level to address the problem of abandoned hazardous waste sites. CERCLA permits an action to be brought in federal court for recovery of amounts disbursed from the Superfund against, inter alia, any person who arranges for treatment or disposal of wastes at a site, typically the generator of the hazardous wastes. CERCLA's enforcement provisions contain numerous ambiguities and apparent inconsistencies on issues that directly affect the potential liability of CERCLA's defendants. Many of the inadequacies probably can be traced to the …

The New York State Environmental Quality Review Act Of 1975: An Analysis Of The Parties' Responsibilities In The Review/Permit Request Process, Gerald M. Levine

Fordham Urban Law Journal

The New York State Environmental Quality Review Act (SEQRA) was enacted in 1975 in order to declare a state policy which encourages "productive and enjoyable harmony between man and his environment." SEQRA commanded agencies to fulfill it policies and goals, and established a new layer of procedures to be followed as a prerequisite to permit issuance where the proposed action may have a significant affect on the environment. Further, SEQRA directed the Commissioner of Environmental Conservation to adopt rules and regulations to implement these policies, with which state and local agencies must comply. In particular, before a person may undertake …

When Is One Generator Liable For Another's Waste, Kenneth C. Moore, Kathiann M. Kowalski

Cleveland State Law Review

Since the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund Act) was adopted as a compromise bill by the lame duck Congress in December of 1980, companies that generated and disposed of hazardous wastes at off-site facilities have been seriously concerned about the question of when one company can be held liable for clean-up and other response costs associated with another company's wastes. Two issues are central to the question of when one generator may be liable for another's waste: 1) whether and to what extent a causal connection must be shown to exist between a generator's waste …

Federal Recent Developments

American Indian Law Review

No abstract provided.

The Role Of Localities In The Transportation And Disposal Of Nuclear Wastes, Marvin Swift, Mars M. Wicker

University of Richmond Law Review

Transportation and disposal of nuclear wastes brings the apprehensions associated with nuclear power into close physical and psychological proximity to many Americans. The subject of transportation comes with its own set of problems, including potential accidents, packaging, routing, security, sabotage, and special agency actions. Common to all of these problems is the element of the unknown. "Clearly nuclear shipments pre- sent some kind of public health hazard, not necessarily as great as some other activities do and .. .the nature of that hazard is not known precisely."

The Washington Environmental Policy Act, William H. Rodgers, Jr.

Articles

As the Washington State Environmental Policy Act of 1971 (SEPA)'approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court.

The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There was …

The Planetary Trust: Conservation And Intergenerational Equity, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

This article suggests a normative framework which, if adopted and internalized by our political, economic, and social institutions, might enable them to serve as vehicles for ensuring that future generations will inherit their just share of our global heritage. Its thesis is that the human species holds the natural and cultural resources of the planet in trust for all generations of the human species. The article focuses on our duty towards the human species, for it is on this fiduciary duty that law and political institutions can be brought most readily to bear. This planetary trust obligates each generation to …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Law of the Sea: U.S. Policy Dilemma Edited by Bernard H. Oxman, David D. Caron, and Charles L. Buderi San Francisco: ICS Press, 1983. Pp. x, 184. $21.95.

The Fish Feud By David L. Vander Zwaag Lexington, Massachusetts: Lexington Books, 1983. Pp. xiii, 135. $21.95.

Negotiating Foreign Investments: A Manual for the Third World Edited by Robert Hellawell and Don Wallace, Jr. Washington, D.C.: International Law Institute, 1982. $95.00.

Political Rights for European Citizens By Guido Van DenBerghe United Kingdom: Gower Publishing Company, 1982. Pp.xii, 235. $38.00.

The International Law of Pollution By Allen L. Springer Westport, Connecticut: Quorum Books, …

Vessel-Source Pollution And The Law Of The Sea, John W. Kindt

Vanderbilt Journal of Transnational Law

On March 16, 1978, history's worst oil spill occurred when the tanker Amoco Cadiz lost her steering and drifted onto rocky shoals off the French coast. Approximately 223,000 tons of oil were spilled, polluting and ruining over 100 miles of the Brittany coast, an area that previously had supplied one-third of France's seafood and had attracted tourists from all over Europe. Despite all this damage, only thirty million dollars was available for cleanup--none to repair the ecological devastation. Although this well-publicized accident shocked the world, it was only one of many oil spills that occurred during 1978.

By definition, "vessel-source …

Does Nepa Matter? - An Analysis Of The Historical Development And Contemporary Significance Of The National Environmental Policy Act, Kenneth M. Murchison

University of Richmond Law Review

When President Nixon signed the National Environmental Policy Act (NEPA) on January 1, 1970, he declared that the new statute marked the arrival of the time for environmental action. The quantatitive measures of legislative and judicial activity during the ensuing decade suggest that he accurately captured the mood of the times, for the 1970's produced a flurry of new and amended statutes as well as a veritable explosion in environmental litigation. As a result of this burst of energy, environmental law has emerged as an important legal speciality that now commands the attention of law schools, government lawyers, and the …

The Forest Service: A Call For A Return To First Principles, Charles F. Wilkinson

Publications

No abstract provided.

Toxic Victim Compensation, A. James Barnes

Articles by Maurer Faculty

No abstract provided.

Ruckelshaus V. Monsanto Co., Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Abating An Imminent Hazard: Injunctive Relief Under The Comprehensive Environmental Response, Compensation And Liability Act Of 1980, Leora Ben-Ami

Buffalo Law Review

No abstract provided.

Environmental Law - Atomic Energy Act, Steven B. Bennett

Natural Resources Journal

No abstract provided.

Water Law - Sporhase V. Nebraska, Mary Ann Green

Natural Resources Journal

No abstract provided.

Natural Resources - Constitutional Law, Celia L. Jorgensen

Natural Resources Journal

No abstract provided.

Transboundary Groundwater Law: Focus On The U.S.-Mexico Boundary [Includes Appended Opinion In City Of El Paso Ex Rel. Pub. Serv. Bd. V. Reynolds, Civ. No. 80-730 Hb, 563 F. Supp. 279 (D.N.M. 1983)], Albert E. Utton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

48 pages.

Comparative Approaches To Groundwater Management, Robert D. Hayton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

38 pages.

Problems Of Interstate Allocation Of Groundwater, Charles E. Corker

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

41 pages.

Groundwater Management Under The Florida Water Resources Act, Richard Hamann

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

44 pages (includes maps).

Groundwater And Intergovernmental Relations In The Southern San Joaquin Valley, California, Sally K. Fairfax, Barbara T. Andrews

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

25 pages (includes maps).

Groundwater Quality: The Issues, Remedies And Strategies, Kathleen M. Kulasza

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

34 pages.

Subsidence Of Land Caused By Ground-Water Pumping, Thomas L. Holzer

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

22 pages (includes illustration).

Contains references (pages 2-6).