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Water Resources Allocation: Reclaiming Municipal Wastewater For Agricultural Use: Outline, Robert C. Kerr

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

26 pages (includes illustrations).

Economic Theory And Environmental Law, Mark Sagoff

Michigan Law Review

In Part I of this essay, I argue that environmental legislation, at least during the past twenty years, fails to make economic "common sense," that is, it fails to maximize the satisfaction of consumer demand over the long run. Laws like the Endangered Species Act flout this conception of economic efficiency. This is how most Americans would have it: most Americans reject the notion that the natural environment should be made over to serve the wants of the self-interested consumer. Part II describes the way that economists have attempted to take account of citizen or community-regarding preferences. I suggest that …

Protecting The Built Environment Of Newfoundland And Nova Scotia, Marc C. Denhez

Dalhousie Law Journal

For most Canadians, "environment" is their city or town, where they reside, work, and spend most of their leisure hours. The quality of this urban or semi-urban environment will have a significant impact upon their everyday life, including stress, cultural identity, and sense of historic continuity. Conserving the cultural and aesthetic values represented by the buildings which constitute this environment therefore deserves attention. One way for such buildings to be saved is to be purchased by someone dedicated to their retention; but since it is impossible to thus acquire all valuable buildings, this article looks at alternate approaches. There are …

The Impact Of The Federal Water Pollution Control Act On The Discharge Of Sanitary Waste From United States Navy Ships, William G. Fidyk

Marine Affairs Theses and Major Papers

During the late 1960's and early 1970's several significant pieces of environmental legislation were enacted. These pieces of legislation were designed to restore, improve, preserve and protect our natural resources. The legislation with the most impact on the United State Navy and Naval vessels has been the Federal Water Pollution Control Act. In order to meet the statutory requirements of the Clean Water Act, the United States Navy had to embark on a program to: modify existing vessels with Marine Sanitation Devices (MSD's) and install such devices on new construction ships.

Pennsylvania's Technologically Impossible Air Pollution Standards Upheld, J. Michele Guttmann

Natural Resources Journal

No abstract provided.

Tribal Severance Taxes - Outside The Purview Of The Commerce Clause, Susan Tixier

Natural Resources Journal

No abstract provided.

New Controls Over Surface Mining, Bruce B. Glendening

William & Mary Environmental Law and Policy Review

No abstract provided.

Viii. Environmental Law

Washington and Lee Law Review

No abstract provided.

Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Historic Preservation Law has come to mean that combination of regulations, common-law property principles, tax incentives, and adjective law in administrative proceedings, governing historic sites and property within the United States. Although Congress first recognized a need to conserve the nation's wealth of historic amenities in 1906 when it adopted The Antiquities Act, it was only with the nation's bicentennial that the volume and diversity of laws designed to maintain, protect and preserve historic America grew to the point where it could be said that a new field of law had emerged. The symposium which follows this essay represents the …

Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie

Seattle University Law Review

This article discusses how the Pacific Northwest Electric Power Planning and Conservation Act may affect the region's choice of resources to construct. Potential choices range from conventional resources such as coal and nuclear to renewable resources such as geothermal, biomass, wave, tidal, solar, and wind. In addition, conservation and cogeneration are now viable energy alternatives. This discussion focuses on PNEPPCA's resource acquisition priority scheme and provides an overview of the incentives and disincentives which may influence the resource selection process. Rather than predicting which resources the region's utilities may ultimately construct, this article analyzes the legal barriers proponents of particular …

Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra

Fordham Urban Law Journal

This article focuses on the increasing effects of carcinogens and toxins into the environment on the public health, particularly the hazards of radiation. Utilizing the Three Mile Island nuclear power accident as a case study, it examines the theoretical battles over nuclear power production. It analyzes whether residents living near the Three Mile Island facility were entitled to a health warning due to the radiation emitted by the accident. The article proposes that the Nuclear Regulatory Commission should be the body that issues such a warning, and examines whether the issuance of a health warning is a nondiscretionary duty of …

The Boundary Waters Canoe Area Wilderness Act Of 1978: Regulating Nonfederal Property Under The Property Clause, Eugene R. Gaetke

Law Faculty Scholarly Articles

In an effort to resolve the nagging controversy over the management of more than one million acres of public forests, lakes, and streams in northeastern Minnesota, Congress enacted the Boundary Waters Canoe Area Wilderness Act of 1978 (BWCA Act). Despite its objective, the Act has engendered further controversy. Particularly troublesome are several provisions that regulate the use of motorboats on lakes within and partly within the area. Those provisions test the scope of congressional power over nonfederal property under the property clause of article IV of the United States Constitution.

This Article examines the aged Supreme Court cases under which …

Municipal Ordinances For Historic Preservation In New York State, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Mandated State agency action for historic preservation and encouragement to new local initiatives is found in the N.Y.S. Historic Preservation Act of 1980, Article 14 of the Parks and Recreation Law, L. 1980, Ch. 354 (A. 11779-A). Members of the NYSBA interested in following developments in Historic Preservation Law may wish to participate in the Historic Preservation Law Committee of the Association's new Section on Environmental Law.

Acid Precipitation In North America: The Case For Transboundary Cooperation, Douglas M. Johnston, Peter Finkle

Vanderbilt Journal of Transnational Law

Long-range air pollution has emerged as a serious environmental problem in Europe and North America since the early 1950s. The most critical aspect of this problem is the movement over very long distances of airborne pollutants which eventually are deposited in harmful acid compounds. These pollutants originate in a multiplicity of stationary and mobile emission sources. Because the original pollutants undergo chemical changes during the atmospheric transport, the pollutants which ultimately cause damage are chemically different from the original emissions. Moreover, the pollutants, which are usually deposited in the form of rain or snow, cause harm only in special physical …

Anywhere But Here: An Introduction To State Control Of Hazardous-Waste Facility Location, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Introduction: Emerging International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This Introduction notes the emerging mandate for international environmental law and the concurrent problems of implementation. It focuses on two particular applications of this new mandate: the United States-Panama Joint Environment Commission for the Panama Canal, and the suggested role of the United Nations Environment Programme in developing a system of global environmental hazard alerts.

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

Kentucky Law Journal

No abstract provided.

Navigable Water Not Always Subject To Free Public Access, Maureen Mcguinness

Natural Resources Journal

No abstract provided.

Supreme Court Fails To Reach Inverse Condemnation Issue, Scott Hancock

Natural Resources Journal

No abstract provided.

In Order To Have Water: Legal, Economic And Institutional Barriers To Water Reuse In Northern New England, Michael S. Baram, J. Raymond Miyares

Faculty Scholarship

The maintenance of adequate water supplies to meet increasing demand upon residential and industrial users in New England is now an urgent concern. Encouragement of water reuse is one of the ways in which water conservation can be implemented. This Article, synthesized by the authors from their technical report, examines current legal and institutional methods of promoting water reuse and conservation. They analyze their effectiveness and argue that legal and political reform is needed to achieve the ends of water conservation. I

Notice By Citizen Plaintiffs In Environmental Litigation, Michigan Law Review

Michigan Law Review

This Note evaluates judicial handling of citizen suits tainted by defective notice. After reviewing the legislative history of the citizen suit provisions, the Note presents an array of judicial responses to defective notice and classifies decisions by their stringency in applying the notice provision. In the final section, the Note argues that Congress's purpose in requiring notice should determine the limits of judicial tolerance of defective notice. It concludes that courts should dismiss citizen suits unless actual notice of intent to sue, whether or not in the form specified by EPA regulations, was given sixty days before the filing of …

Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster

University of Michigan Journal of Law Reform

This article argues that the dilemma described above requires change and proposes a new standard for causation in this type of toxic contamination case. Part I examines the difficulties posed by conventional common law relief mechanisms, and the inadequacies of existing statutory relief mechanisms. Part II scrutinizes a more lenient burden of proof standard, the risk-benefit approach, which some courts have applied when faced with situations involving scientific uncertainties. The risk-benefit approach will be applied to causation analysis in the context of damage recoveries, using the. Hemlock, Michigan, situation as a case study. Part III discusses present congressional proposals, and …

Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner

Vanderbilt Law Review

In an effort to provide the background necessary to maximize the land trust's potential, this Article undertakes a three-part analysis, focusing on (1) the steps necessary to organize the land trust; (2) the techniques that may be used to accomplish the transfer of property to the land trust; and (3) the tax consequences associated with the land trust's conservation activities-consequences that may dictate the form that the transfer will take and upon which the success or failure of the preservation effort may hinge.

Problems Associated With The Management Of Solid Wastes: Is There A Solution In The Offing, Jeffrey M. Wakefield

West Virginia Law Review

Within the past decade, the level of environmental consciousness within our society has increased appreciably with the recognition of how delicate the ecological balance is and how easily it may be disrupted. Such consciousness has manifested itself primarily in stricter standards governing the emission of pollutants into the air and water. Unfortunately, this justifiable preoccupation with the quality of our air and water has overshadowed the needless desecration of America's land resources through the inadequate and environmentally unsound practices associated with the disposal of solid wastes. The purposes of this Note are to identify the scope of the solid waste …

Coal Slurry Pipelines Are Ready, Willing, And Unable To Get There Student Symposium - Selected Issues Concerning Increased Coal Use., William F. Webber

St. Mary's Law Journal

Abstract Forthcoming.

Coal Utilization By Electric Utilities - The Costs Of Conversion - Introduction Symposium - Coal Utilization By Electric Utilities - The Costs Of Conversion., Robert C. Byrd

St. Mary's Law Journal

Abstract Forthcoming.

Coal-Fired Electric Generating Facilities: Impediments Under Federal Environmental Legislation Symposium - Coal Utilization By Electric Utilities - The Costs Of Conversion., Thomas H. Truitt, Charles C. Abeles

St. Mary's Law Journal

Abstract Forthcoming.

Energy Independence - The Return To Coal, Constraints On Production And Utilization Of Our Most Abundant National Energy Resource Symposium - Coal Utilization By Electric Utilities - The Costs Of Conversion., F. William Brownell

St. Mary's Law Journal

Abstract Forthcoming.

The Impact Of Limited Water Availability On National Coal Policy Student Symposium - Selected Issues Concerning Increased Coal Use., Mary M. Potter

St. Mary's Law Journal

Abstract Forthcoming.

Singing The Coal Train Blues: The Icc, Railroad Coal Hauling Rates, And National Energy Policy Student Symposium - Selected Issues Concerning Increased Coal Use., Suzanne B. Langford

St. Mary's Law Journal

Abstract Forthcoming.