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Putting Bite In Nepa's Bark: New Council On Environmental Quality Regulations For The Preparation Of Environmental Impact Statements, David M. Lesser

University of Michigan Journal of Law Reform

This article will examine the new regulations to assess the manner in which they will affect federal decisionmaking. Part I briefly reviews the role the NEPA process has heretofore played in agency decisionmaking and its potential for the future. Parts II, III, and IV discuss specific provisions of the new regulations which may profoundly affect the agencies. Part II examines those sections of the regulations which seek to ensure that the EIS contains the substantive information necessary to fulfill NEPA's policies. Part III discusses significant procedural changes in the environmental assessment process designed to insure that this substantive information is …

Clearing The Muddied Waters, Stephen K. Bowman

Natural Resources Journal

No abstract provided.

Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg

Faculty Publications

Endangered species protection has long been favored by many Americans, who watched regretfully as the numbers of American eagles, buffaloes and other species dwindled toward extinction. Only recently, however, has species protection become a matter of public controversy, subsumed in the more general "development v. environment" debate. In this Article, Professor Rosenberg surveys the federal government's role in species protection, with a special focus on the Endangered Species Act of 1973. Prompted by the much-publicized Supreme Court decision in the "snail darter case"--TVA v. Hill-Congress extensively amended the Act in 1978. After a detailed analysis of these amendments, Professor Rosenberg …

The Pacific Northwest Electric Power Planning And Conservation Act-Solution For A Regional Dilemma, Henry M. Jackson

Seattle University Law Review

For the past four decades, the Bonneville Power Administration(BPA) has played a singular and powerful role in developing the Northwest regional electric power system, and indirectly in the regional economy that system supports. The federal government's decision during the first half of this century to develop multi-purpose water resource projects led to the construction of many dams, most of them in the Western United States, most built since the mid-1930s, and most including hydroelectric generation. As we enter the 1980s, fundamental changes have occurred. Historically, BPA has had sufficient resources to sell power to any utility or other customer in …

The Pacific Northwest Electric Power Planning And Conservation (And Thermal Power Plant Relief) Act, Ralph Cavanagh

Seattle University Law Review

Supporters of the proposed Pacific Northwest Electric Power Planning and Conservation Act have not produced satisfactory answers to two fundamental questions. First, why does the region require significant new incentives for the construction of nuclear and coal-fired power plants? Second, why must Congress link urgently needed encouragement of conservation and renewable energy measures to the creation of such incentives?

Of Crabbed Interpretations And Frustrated Mandates: The Effect Of Environmental Policy Acts On Pre-Existing Agency Authority, Carl W. Tobias, Daniel N. Mclean

Law Faculty Publications

When Congress passed the National Environmental Policy Act (NEPA) in 1969, the legislation was acclaimed as one of the most important environmental measures ever enacted. States soon followed the federal lead, so that by 1976 thirty jurisdictions had adopted statutes similar to the national legislation. The Montana legislature was in the vanguard, passing the Montana Environmental Policy Act (MEPA) in 1971.

The federal agencies now appear to have accepted full responsibility for implementation of NEPA, despite some initial reluctance. Several agencies contended at first that the statute did not authorize them to consider in decisionmaking any environmental factors not expressly …

Commencing The Decade With Environmental Reform: The 1980 Kentucky General Assembly Implements The Resource Conservation And Recovery Act Of 1976, Henry L. Stephens Jr.

Kentucky Law Journal

No abstract provided.

Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth

Buffalo Law Review

No abstract provided.

Primary Enforcement Responsibility For Pesticide Use Violations Under The Federal Pesticide Act Of 1978, Richard B. Schoembohm

Indiana Law Journal

No abstract provided.

Federal Regulation Of Certain Bulk Hazardous Cargo: Focus On The Great Lakes, Wayne M. Lopkin

Buffalo Law Review

No abstract provided.

Access To Sunlight: New Mexico's Solar Rights Act, Deborah S. Grout

Natural Resources Journal

No abstract provided.

International Whaling Commission Regulations And Alaskan Eskimo, Kevin J. Bliss

Natural Resources Journal

No abstract provided.

Environmental And Planning Studies At The University Of Illinois, Roger W. Findley

Journal of Legal Education

No abstract provided.

Traffic Noise Regulation: A Comparative Study, Stephen G. Wood

BYU Law Review

No abstract provided.

Brantley V. Carlsbad Irrigation District: Limits Of The Templeton Doctrine Affirmed, Deborah S. Grout

Natural Resources Journal

No abstract provided.

Liability Without Fault Under The Federal Water Pollution Control Act, Beatriz Valadez-Ferreira

Natural Resources Journal

No abstract provided.

Environmental Financing Litigation, Gail Gottlieb Minturn

Natural Resources Journal

No abstract provided.

Oil Tanker Regulation: A State Or Federal Area, Robert Muehlenweg

Natural Resources Journal

No abstract provided.

The State And Federal Quandry Over Billboard Controls, Frances Bassett Romero

Natural Resources Journal

No abstract provided.

The Enactment Of The Surface Mining Control And Reclamation Act Of 1977 In Retrospect, Morris K. Udall

West Virginia Law Review

No abstract provided.

The Far Side Of Paradox: State Regulation Of The Environmental Effects Of Coal Mining, K. W. James Rochow

West Virginia Law Review

No abstract provided.

The Failure Of The Interim Regulatory Program Under The Surface Mining Control And Reclamation Act Of 1977: The Need For Flexible Controls, Robert J. Gage

West Virginia Law Review

No abstract provided.

A Standard For Judicial Review Of Administrative Decisionmaking Under Sepa—Polygon Corp. V. City Of Seattle, 90 Wn. 2d 59, 578 P.2d 1309 (1978), Michael W. Elsass

Washington Law Review

This note will discuss the necessity of judicial review of administrative decisions which are made after the evaluation of an EIS. The note concludes that the relatively broad standard chosen by the court is appropriate for the review of administrative decisions made under SEPA.

Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett

West Virginia Law Review

Public participation in the regulatory process has become increasingly common in recent years, especially in environmental matters. The West Virginia Surface Mining and Reclamation Act contains a number of devices by which citizens can present their views concerning proposed strip mines and can compel enforcement of the Act's provisions. The federal Surface Mining Control and Reclamation Act of 1977, by allowing citizen access to almost every phase of the regulatory process, opens even more avenues for participation than are currently available in West Virginia and other states. An invitation to citizens to take part in these regulatory and enforcement activities …

The Negative Commerce Clause And State Environmental Legislation-Externalities Suggest Application Of The Tax Standard To Environmental Regulations, Douglas K. Stewart

Vanderbilt Law Review

This Note advocates judicial application of this tax analysis not only to tax environmental legislation, but also to regulatory environmental legislation. The theoretical justification for this thesis is provided by the economic concept of externalities. Externalities are elements used in the production of a marketed item without cost to the producer, but at a cost to others. The term "externality"stems from the fact that the use of the element of production is not included in the market price of the item. Undesirable environmental impact has been recognized as an externality -- a cost to those people adversely affected by it …

The Public Trust Doctrine: A New Approach To Environmental Preservation, Joan E. Van Tol

West Virginia Law Review

No abstract provided.

Conservation, Lifeline Rates And Public Utility Regulatory Commissions, James Jr. Noble

Natural Resources Journal

No abstract provided.

Environmental Considerations In Federal Oil And Gas Leasing On Outer Continental Shelf, Howard Thomas

Natural Resources Journal

No abstract provided.

Reserved Water Rights And Our National Forests, Heidi Topp Brooks

Natural Resources Journal

No abstract provided.

Important Victory Won For Historic Preservation, Alexandra Zavelle Levine

Natural Resources Journal

No abstract provided.