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Environmental Law

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Transportation Controls: Time To Clear The Air, Ellen Hershkowitz Jan 1982

Transportation Controls: Time To Clear The Air, Ellen Hershkowitz

Fordham Urban Law Journal

Transportation control is an air pollution control strategy aimed at reducing the high levels of pollutants emitted by motor vehicles in urban environments. This Note examines the transportation control measures and transportation control plans adopted by New York and Texas. The Notes focuses on the different approaches taken by the two states, as a result of their available resources. New York has focused its energies on improving traffic flow, and mass transit, while Texas transportation control plans have focused on van and car pool programs, and park and ride facilities. The Note further examines the litigation resulting from the transportation …


Kentucky Law Survey: Environmental Law, Carolyn S. Bratt, Carolyn M. Brown Jan 1982

Kentucky Law Survey: Environmental Law, Carolyn S. Bratt, Carolyn M. Brown

Law Faculty Scholarly Articles

Under the rubric of environmental law, this Survey addresses three separate topics: air quality control, water conservation and development, and zoning. In the exploration of these three topics, relevant decisions from the Kentucky courts and the Kentucky Department for Natural Resources and Environmental Protection, as well as opinions from the Kentucky Attorney General, are analyzed.


Beyond Shooting Snaildarters In Porkbarrels: Endangered Species And Land Use In America, Irma S. Russell, George Cameron Coggins Jan 1982

Beyond Shooting Snaildarters In Porkbarrels: Endangered Species And Land Use In America, Irma S. Russell, George Cameron Coggins

Faculty Law Review Articles

This article examines endangered species law as it may affect land use in the United States. The first section describes the legal and biological contexts into which the ESA intruded. Section II outlines the protective mechanisms established by the 1973 version of the Act and their reception by the courts. The third section discusses the corrective amendments to the Act enacted in 1978. The final section applies the law as it has developed and as it is likely to evolve to a series of more or less hypothetical land use conflicts, forecasting multiplication of the disputes between endangered species and …


Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson Jan 1982

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.


Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert Jan 1982

Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert

St. Mary's Law Journal

Abstract Forthcoming.


Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry Jan 1982

Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry

St. Mary's Law Journal

Abstract Forthcoming.


Book Review, Howard C. Klemme Jan 1982

Book Review, Howard C. Klemme

Publications

No abstract provided.


Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson Jan 1982

Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson

Publications

No abstract provided.


Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr. Jan 1982

Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr Jan 1982

Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.


Preface: On Natural Resources As An Area Of The Law, David H. Getches Jan 1982

Preface: On Natural Resources As An Area Of The Law, David H. Getches

Publications

No abstract provided.


Municipality's Aircraft Noice Control Ordinances Upheld, Raymond T. Van Arnam Jan 1982

Municipality's Aircraft Noice Control Ordinances Upheld, Raymond T. Van Arnam

Natural Resources Journal

No abstract provided.


District Court Review Of Nrc's Three Mile Island Decisions Upheld, Paula Z. Hanson Oct 1981

District Court Review Of Nrc's Three Mile Island Decisions Upheld, Paula Z. Hanson

Natural Resources Journal

No abstract provided.


The Protection Of American Antiquities: 1906-1981, Sandra Kemrer Oct 1981

The Protection Of American Antiquities: 1906-1981, Sandra Kemrer

Natural Resources Journal

No abstract provided.


Graham V. Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981), Anthony E. Diresta Jul 1981

Graham V. Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981), Anthony E. Diresta

Florida State University Law Review

Environmental Regulation/Constitutional Law-"TAKING" JURISPRUDENCE AND ITS APPLICATION TO REGULATIONS OF SENSITIVE ECOLOGICAL ENVIRONMENTS


Environmental Law—Threshold Determination Of The State Environmental Policy Act: Washington Adopts A More Flexible Approach—Equitable Remedies: Laches Defense Restricted—Hayden V. City Of Port Townsend, 93 Wn. 2d 870, 614 P.2d 1164 (1980), Deane W. Minor Jul 1981

Environmental Law—Threshold Determination Of The State Environmental Policy Act: Washington Adopts A More Flexible Approach—Equitable Remedies: Laches Defense Restricted—Hayden V. City Of Port Townsend, 93 Wn. 2d 870, 614 P.2d 1164 (1980), Deane W. Minor

Washington Law Review

The court's rulings on the laches defense and the negative threshold determination represent significant departures from the court's previous decisions. This note will examine the changes in the court's positions and discuss the effect of these changes on future environmental litigation.


The "Nepa-Abroad" Controversy: Unresolved By An Executive Order, Glenn Pincus Jul 1981

The "Nepa-Abroad" Controversy: Unresolved By An Executive Order, Glenn Pincus

Buffalo Law Review

No abstract provided.


Compelled Self-Incrimination And The Federal Water Pollution Control Act, John Mcvey Jul 1981

Compelled Self-Incrimination And The Federal Water Pollution Control Act, John Mcvey

Natural Resources Journal

No abstract provided.


Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson Jun 1981

Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Contains references.


Hybrid Systems: Outline, Harrison C. Dunning Jun 1981

Hybrid Systems: Outline, Harrison C. Dunning

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

4 pages.


The Colorado River Compact: A Limit On Upper Basin Development: Outline, Charles J. Meyers Jun 1981

The Colorado River Compact: A Limit On Upper Basin Development: Outline, Charles J. Meyers

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.

Contains references.

Supplemental materials. Includes extracts from Colorado River Basin Project Act and Colorado River Compact.


Arizona’S New Groundwater Statute: 1980 Groundwater Management Act: Outline, Jon L. Kyl Jun 1981

Arizona’S New Groundwater Statute: 1980 Groundwater Management Act: Outline, Jon L. Kyl

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

255 pages.

Contains bibliography.

Supplemental materials. Includes S.B. 1409, 35th Leg., 1st Reg. Sess. (Az. 1981), H.B. 2465, 35th Leg., 1st Reg.Sess. (Az. 1981), Pinal Active Mgm't. Area Official Application Forms for Grandfathered Groundwater Rights, S.B. 1001, 34th Leg., 4th Spec. Sess. (Az 1980).


Federal And Indian Reserved Rights: Outline, Robert S. Pelcyger Jun 1981

Federal And Indian Reserved Rights: Outline, Robert S. Pelcyger

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

6 pages.


Regimes For Allocating Rights In Ground Water, William A. Hillhouse, Ii Jun 1981

Regimes For Allocating Rights In Ground Water, William A. Hillhouse, Ii

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

145 pages.

Supplemental materials. Includes text of C.R.S. § 37-90-135-138, In the Matter of Rules and Regulations Governing the Use, Control, and Protection of Water Rights for Both Surface and Underground Water Located in the Rio Grande and Conejos River Basins and Their Tributaries, No. W-3466 (Colo. Dist. Ct., Water Div. 3 Jan. 31, 1980), Southeastern Colo. Wtr. v. Huston, 593 P.2d 1347, Ruling, Judgment and Certification, Southeastern Colo. Wtr. v. Huston (Colo. Dist. Ct. Water Div. 1,2,3,4,5,6 & 7 Feb. 11, 1981), Corrected Findings of Fact , Conclusions of Law and Decree, In the Matter of the Application for …


Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken Jun 1981

Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains references.


State Prohibitions On The Interstate Exportation Of Scarce Water Resources, Steven E. Clyde, Edward W. Clyde Jun 1981

State Prohibitions On The Interstate Exportation Of Scarce Water Resources, Steven E. Clyde, Edward W. Clyde

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

42 pages.


Maintaining Minimum Stream Flows For Wildlife And Recreation, A. Dan Tarlock Jun 1981

Maintaining Minimum Stream Flows For Wildlife And Recreation, A. Dan Tarlock

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

27 pages.

Contains references.


Federal Nonreserved Water Rights, Frank J. Trelease Jun 1981

Federal Nonreserved Water Rights, Frank J. Trelease

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

5 pages.


Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr. Jun 1981

Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

8 pages.


Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker Jun 1981

Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

24 pages.