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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.

Guaranteeing Solar Access In Virginia, W. Wade Berryhill

Law Faculty Publications

This article will address in order: the mechanics of a solar energy system; the problem of solar access; the traditional public and private remedies available at common law; Virginia's legislative response to the problem of assuring solar access; and some suggestions for the resolution of anticipated solar access conflicts in Virginia.

Important Victory Won For Historic Preservation, Alexandra Zavelle Levine

Natural Resources Journal

No abstract provided.

Coastal States Have Control Of Coastal Resources, Christopher G. Lackmann

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.

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

Natural Resources Journal

No abstract provided.

The Forest Service, Nepa, And Clear Cutting, Andrea L. Smith

Natural Resources Journal

No abstract provided.

Reserved Water Rights And Our National Forests, Heidi Topp Brooks

Natural Resources Journal

No abstract provided.

X. Environmental Law

Washington and Lee Law Review

No abstract provided.

Economically Responsible Environmental Control, Scott C. Whitney

William & Mary Law Review

No abstract provided.

Natural Gas Policy Act Of 1978: Will It Alleviate The Natural Gas Shortage., Jeb C. Sanford

St. Mary's Law Journal

Abstract Forthcoming.

Proceedings Of The Conference On Environmental Law -- Toxic Substances, William & Mary Law School

One-Time Conferences: Programs

Held on February 9-10, 1979 at William & Mary Law School.

Funded by the Virginia Environmental Endowment.

Symposium Participants (in order of appearance): Maurice B. Rowe, William R. Moore, Louise Burke, William F. Gilley, James Douglas, Manning Gasch, Jr., Barbara Bitters, Robert Jackson, James Ryan, Robert R. Merhige, Jr., Gus Steph, Steven D. Jellinek, Frederick R. Anderson, Luther Carter, Peter Barton Hutt, Richard Voight, Richard Merrill, George Taylor, Richard Fleming, Hargis, Richard N. Velde, Susan B. King, Jacob Clayman, Nicholas Ashford, James Rogers, Charles O'Connor, Donald F. Hornig, Devra Davis, Scott C. Whitney, and Denis J. Brion.

The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch

Northwestern Journal of International Law & Business

The eighth session of the United Nations Law of the Sea Conference convened recently in Geneva, Switzerland. A major unresolved issue at the Conference was the question of international regulation of deep seabed mining. In this article, Representative McCloskey and Attorney Losch discuss U.S. interests in achieving a comprehensive Law of the Sea Treaty, the sometimes conflicting objectives of other nations, and the effect that unilateral action by the U.S. Congress to legislate deep seabed mining could have on the successful completion of a treaty.

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1979. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee. This report is in four parts. Part I reviews the extensive developments during 1978 under the federal air and water pollution laws. Part II briefly considers other federal developments of significance to the electric power industry. Part III is an update of last year's review of developments concerning solar energy. Part IV consists of the 1978 reports from selected states.

Toward Better Environmental Standard Setting: Lessons From Case Study, Douglas O. Linder

Faculty Works

No abstract provided.

Environmental Considerations In Urban Highway Development: Westway- A Case In Point, Ralph B. Gilmartin

Fordham Urban Law Journal

This note provides an overview of the statutory law controlling urban highway construction. Specifically, it addresses the role that environmental considerations play in the decision making process. Focusing on the construction of the Westway highway in New York, the note outlines the complexities and the difficulties associated with massive highway constructions. The impact that construction has on the economy, on communities, on neighborhoods, and on the environment lead the author to seek a clarification in the statutory standards so as to reach an efficient solution.

Air Quality And Industrial Growth: The Location Of New Industiral Sources Of Pollution In Non-Attainment Areas, Ronald H. Rosenberg, Bruce A. Friedman

Faculty Publications

No abstract provided.

The Courts Take Flight: Scienter And The Migratory Bird Treaty Act

Washington and Lee Law Review

No abstract provided.

The Federal Strip Mining Act: Environmental Protection Comes To The Coalfields Of Virginia, Edward Shawn Grandis

University of Richmond Law Review

Strip mining, for those of us who are touched by it, either as residents of areas affected by the mining or as professionals or bureaucrats concerned with the legal or technical issues involved, conjours up vivid images of land devastation, offsite property damage and high profits with little risk involved for the operator.

Categorization Of Chemicals Under The Toxic Substance Control Act, Louis Slesin, Ross Sandler

Articles & Chapters

No abstract provided.

State Environmental Protection Versus The Commerce Power, K. Dennis Sisk

University of Richmond Law Review

As commerce and industry have invaded once virgin lands and waters in an era of heightened environmental consciousness, increasing numbers of state legislatures have responded with strict environmental protection measures. Environmental protection is unquestionably a legitimate state interest, but such measures often impede the flow of interstate commerce. This article addresses the tension between state environmental protection statutes and the federal constitution's commerce clause. The essential thesis is that traditional commerce clause analysis has not been applied with sufficient sensitivity to adequately reconcile state environmental interests with federal commercial interests.

Nonpoint Pollution Control In Virginia, John V. Cogbill Iii

University of Richmond Law Review

Congress has established a national goal of "clean water" by 1983 and the elimination of all pollutant discharge into the navigable waterways by 1985. The nation has made great strides toward controlling and eliminating point source pollutants. There has been no corresponding progress in the area of nonpoint pollution control. Such pollution from agriculture, mining, silviculture, and urban runoff is causing lakes to die prematurely and is seriously affecting Virginia's fishing industry. This comment will review the federal requirements for control of nonpoint source pollution, Virginia's role in an implementation program, and, finally, some recom- mendations to aid Virginia in …

State Court Injunctions And Their Enforcement In Environmental Litigation., Skip Newsom

St. Mary's Law Journal

Abstract Forthcoming.

Land Use And Due Process - An Examination Of Current Federal And State Procedures., Curtis T. Vaughn Iii

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Introduction., Douglas M. Costle

St. Mary's Law Journal

Abstract Forthcoming.

Environmental Litigation: An Analysis Of Basic Strategies, Procedures, Substantive Rights And Their Effects., Joseph Z. Fleming

St. Mary's Law Journal

Abstract Forthcoming.